It is recognized that an officer may conduct custodial interrogations during the course of a law enforcement investigation. The purpose of this directive is to establish a guideline for officer’s to follow when performing this task in order to comply with Ohio Revised Code.
(1) "Custodial interrogation" means any interrogation involving a law enforcement officer's questioning that is reasonably likely to elicit incriminating responses and in which a reasonable person in the subject's position would consider self to be in custody, beginning when a person should have been advised of the person's right to counsel and right to remain silent and of the fact that anything the person says could be used against the person, as specified by the United States supreme court in Miranda v. Arizona (1966), 384 U.S. 436, and subsequent decisions, and ending when the questioning has completely finished.
(2) "Electronic recording" or "electronically recorded" means an audio and visual recording that is an authentic, accurate, unaltered record of a custodial interrogation.
(3) "Law enforcement vehicle" means a vehicle primarily used by a law enforcement agency or by an employee of a law enforcement agency for official law enforcement purposes.
(4) "Place of detention" means a jail, police or sheriff's station, holding cell, state correctional institution, local correctional facility, detention facility, or department of youth services facility. "Place of detention" does not include a law enforcement vehicle.
(5) "Statement" means an oral, written, sign language, or nonverbal communication.
Voluntary Manslaughter), a violation of section 2903.04 (Involuntary Manslaughter) or 2903.06 (Aggravated Vehicular Homicide - Vehicular Homicide - Vehicular Manslaughter) that is a felony of the first or second degree, a violation of section 2907.02 (Rape) or 2907.03 (Sexual Battery), or an attempt to commit a violation of section 2907.02 will be recorded. The recording must contain both audio and video documentation. An audio and visual recording must utilized when questioning is conducted in placed of detention.
For purposes of this directive custodial interrogation is defined as that which is functionally equivalent to “custody” for Miranda purposes.
All recordings of custodial interrogations will be handled and secured as evidence.
Officers conducting the custodial interrogation will clearly identify electronic recording.
Officers will identify the electronic recording with the subject’s name and case number.
Officers shall preserve all electronic recordings pending all subsequent post conviction appeals for habeas corpus or relief proceedings, or the period of expiration for the appeal process has been met.