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Wis. Stat. § 938.195

Recording custodial interrogations

Known as the The Juvenile Justice Code

The act spans §§ 938.01 to 938.9995 (127 sections).

Applied in 3 court decisions — leading case State v. Raheem Moore (2015)

Most recently applied in State v. Raheem Moore (June 2015)

2005 a. 60; 2007 a. 97; 2013 a. 168 s. 21

How often courts cite this section

20082010201510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) DEFINITIONS. In this section:

(a) “Custodial interrogation” has the meaning given in s. 968.073 (1) (a).

(b) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b).

(c) “Place of detention” means a juvenile detention facility, jail, municipal lockup facility, or juvenile correctional facility, or a police or sheriff’s office or other building under the control of a law enforcement agency, at which juveniles are held in custody in connection with an investigation of a delinquent act.

(2) WHEN REQUIRED.

(a) A law enforcement agency shall make an audio or audio and visual recording of any custodial interrogation of a juvenile that is conducted at a place of detention unless a condition under s. 938.31 (3)

(c) 1. to 5. applies.

(b) If feasible, a law enforcement agency shall make an audio or audio and visual recording of any custodial interrogation of a juvenile that is conducted at a place other than a place of detention unless a condition under s. 938.31 (3)

(c) 1. to 5. applies.

(3) NOTICE NOT REQUIRED. A law enforcement officer or agent of a law enforcement agency conducting a custodial interrogation is not required to inform the subject of the interrogation that the officer or agent is making an audio or audio and visual recording of the interrogation.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.