Wisconsin § 938.195 - Recording custodial interrogations.
Full text of Wisconsin Wisconsin Statutes § 938.195 — Recording custodial interrogations., with citation guidance and answers to common questions.
§ 938.195. Recording custodial interrogations.
938.195(1) (1) Definitions. In this section: 938.195(1)(a) (a) “Custodial interrogation” has the meaning given in s. 968.073 (1) (a) . 938.195(1)(b) (b) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b) . 938.195(1)(c) (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. 938.195(2) (2) When required. 938.195(2)(a) (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. 938.195(2)(b) (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. 938.195(3) (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. 938.195 History History: 2005 a. 60 ; 2007 a. 97 ; 2013 a. 168 s. 21 . 938.195 Annotation It was a violation of this section for police to cease recording the custodial interrogation under the facts of this case. Nevertheless, the error, if any, in not suppressing some of the defendant’s statements, was harmless. State v. Moore, 2015 WI 54 , 363 Wis. 2d 376 , 864 N.W.2d 827 , 13-0127 .
Frequently Asked Questions About Wisconsin § 938.195
What does Wisconsin Statutes § 938.195 cover?
Section 938.195 ("Recording custodial interrogations.") is part of the Wisconsin Statutes, the codified statutory law of Wisconsin. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Wisconsin § 938.195?
A common citation format is "Wisconsin Statutes § 938.195" (Wisconsin). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Wisconsin law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Wisconsin official source linked on this page or consult a licensed Wisconsin attorney.
How does Wisconsin § 938.195 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Wisconsin can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Wisconsin.