A Recorded Interrogation
G.S. 15A-211 — every custodial interrogation of a juvenile, and of anyone in a felony investigation, recorded in its entirety
Who. A law enforcement officer conducting a custodial interrogation in a place of detention of a juvenile in a criminal investigation, or of any person in a felony criminal investigation, makes an electronic recording of the interrogation in its entirety.
In its entirety. The record is uninterrupted, beginning at the start of the interrogation, including the advice of rights, and ending when it has completely finished. A visual recording is placed to film both the interrogator and the suspect. Brief recesses on request are not an interruption.
When it was not recorded. If the court finds the interrogation was not recorded in its entirety, statements made afterward may be questioned as to voluntariness and reliability, and the State may establish by clear and convincing evidence that they were voluntary and reliable and that officers had good cause.
The remedies. Noncompliance is considered on motions to suppress, is admissible in support of a claim that the statement was involuntary or unreliable, and when compliance or noncompliance is in evidence at trial, the jury is instructed it may consider it.
Whether questioning was a custodial interrogation, and what follows from a missing recording in a particular case, are questions of fact and law for a licensed North Carolina attorney. Miranda and the voluntariness of a statement are separate questions this page does not cover.
Sources for this section (1)
- G.S. 15A-211 — Electronic recording of interrogations
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.