Juveniles — custodial statements — recording

Listen to this article

Wisconsin Court of Appeals

Civil

Juveniles — custodial statements — recording

Where a juvenile was in the back of an ambulance during questioning, recording the statement was not feasible, and the statement is admissible.

“At the time he was questioned by Officer French, Joel was not at the police station where his statement could easily be recorded. Rather, he was in the back of an ambulance on the way to the hospital for treatment. Officer French testified that ‘[b]ased on [his] previous experience in ambulances,’ he did not believe they were equipped with recording equipment. And the hospital is not a place that would logically have police recording equipment available. Officer French testified that, at the time he questioned Joel, he believed it would be a ‘lengthy amount of time’ before Joel would be taken to the police station where recording equipment was available. Given the urgency of apprehending the armed robbers potentially still at large in the community, Officer French reasonably concluded that there was no time to wait hours for recording equipment; in other words, the circumstances made recording the statement infeasible.”

Affirmed.

Recommended for publication in the official reports.

2014AP610 State v. Joel I.N.

Dist. I, Milwaukee County, Dwyer, J., Brennan, J.

Attorneys: For Appellant: Hirsch, Eileen A., Madison; For Respondent: Stoiber, John M., Milwaukee