{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-22","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-22","heading":"Policy requiring electronic recording of custodial","body":"interrogation of homicide or felony sex offense suspects.\n\nA. As used in this section:\n\n1. \"Custodial interrogation\" means questioning of a person to\n\nwhom warnings given pursuant to Miranda v. Arizona, 384 U.S. 436\n\n(1966), are required to be given;\n\n2. \"Electronic recording\" means audio or audiovisual recording;\n\nprovided, an audiovisual recording shall be used when feasible; and\n\n3. \"Place of detention\" means a fixed location under the\n\ncontrol of a law enforcement agency of this state where individuals\n\nare questioned about alleged crimes.\n\nB. All law enforcement agencies of this state, in collaboration\n\nwith the county or district attorney in the appropriate\n\njurisdiction, shall adopt a detailed written policy requiring\n\nelectronic recording of a custodial interrogation of an individual\n\nsuspected of homicide or a felony sex offense that is conducted at a\n\nplace of detention. A policy adopted pursuant to this section shall\n\nbe made available to all officers of the law enforcement agency and\n\nshall be available for public inspection during normal business\n\nhours. A policy adopted pursuant to this section shall include the\n\nfollowing:\n\n1. A requirement that an electronic recording shall be made of\n\nan entire custodial interrogation of an individual suspected of\n\nhomicide or a felony sex offense that is conducted at a place of\n\ndetention;\n\n2. A requirement that if the defendant elects to make or sign a\n\nwritten statement during the course of a custodial interrogation\n\nconcerning a homicide or a felony sex offense, the making and\n\nsigning of the statement shall be electronically recorded;\n\n3. Requirements pertaining to the retention and storage of the\n\nelectronic recording; and\n\n4. A statement of exceptions to the requirement for\n\nelectronically recording custodial interrogations under this\n\nsection, including, but not limited to:\n\na. an equipment malfunction preventing electronic\n\nrecording of the interrogation in its entirety, and\n\nreplacement equipment is not immediately available,\n\nb. the officer, in good faith, fails to record the\n\ninterrogation because the officer inadvertently fails\n\nto operate the recording equipment properly, or\n\nwithout the officer's knowledge the recording\n\nequipment malfunctions or stops recording,\n\nc. the suspect affirmatively asserts the desire to speak\n\nwith officers without being recorded,\n\nd. multiple interrogations are taking place\n\nsimultaneously, exceeding the available electronic\n\nrecording capacity,\n\ne. the statement is made spontaneously and not in\n\nresponse to an interrogation question,\n\nf. the statement is made during questioning that is\n\nroutinely asked during the processing of an arrest of\n\na suspect,\n\ng. the statement is made at a time when the officer is\n\nunaware of the suspect's involvement in an offense\n\ncovered by the policy,\n\nh. exigent circumstances make recording impractical,\n\ni. at the time of the interrogation, the officer, in good\n\nfaith, is unaware of the type of offense involved, and\n\nj. the recording is damaged or destroyed, without bad\n\nfaith on the part of any person or entity in control\n\nof the recording.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"83c43fe0ac329f8530b437bd6342664478e4efea6817bd1807aa4c704d4db956","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-211.1","next":"us-ok/okla.-stat.-tit.-22-22-221"},"notice":"GroundRules: Original legal text. Not legal advice."}