Chicago Police DepartmentSpecial Order S04-03-01
Digital Recording of Interrogations
Issue Date:01 July 2015Effective Date:01 July 2015
Rescinds:01 June 2014 version
Index Category:Preliminary Investigations
I.Purpose
This directive
  • A.informs Department members of Public Act 98-0547 of the State of Illinois.
  • B.establishes the policy and procedures of the Chicago Police Department to comply with the Public Act 98-0547 of the State of Illinois.
II.Policy
  • A.All interrogations of suspects in an investigation of the offenses listed in Item IV-B will be digitally recorded using Department-issued equipment.
  • B.All persons suspected of an offense listed in Item IV-B will be transported directly to the appropriate Bureau of Detectives Area Center for processing.
III.Conflict Resolution
In the event that the information in this directive conflicts with a provision of any other Department directive, this directive will take precedence.
IV.General Information
  • A.Public Act 98-0547 of the State of Illinois (SB 1006) expands the list of crimes requiring law enforcement to electronically record custodial interrogations of adults and juveniles under the age of 18 for the following investigations:
    • 1.Predatory Criminal Sexual Assault of a Child (720 ILCS 5/11-1.40)
    • 2.Aggravated Arson (720 ILCS 5/20-1.1)
  • B.Interrogations of arrestees who are suspected of the following crimes will be recorded:
    • 1.First Degree Murder.
    • 2.Second Degree Murder.
    • 3.Involuntary Manslaughter.
    • 4.Reckless Homicide.
    • 5.A Driving Under the Influence charge that resulted in a death.
    • 6.Drug Induced Homicide.
    • 7.Predatory Criminal Sexual Assault of a Child.
    • 8.Aggravated Arson.
    • 9.Aggravated Kidnapping.
    • 10.Aggravated Vehicular Hijacking.
    • 11.Home Invasion.
    NOTE:
    These charges include Intentional Homicide of an Unborn Child, Voluntary Manslaughter of an Unborn Child, Involuntary Manslaughter of an Unborn Child, and Reckless Homicide of an Unborn Child.
  • C.Interrogations of juvenile arrestees (under the age of 18) are required to be recorded if at the time of the commission of the offense they could be charged with the offenses enumerated in Item IV-B. Department members will follow the procedures in the Department directive entitled "Processing of Juveniles and Minors Under Department Control."
  • D.Electronic recording of interrogations of arrestees suspected of an offense listed in Item IV-B does not violate the eavesdropping statute (720 ILCS 5/14-3) and therefore the suspect's consent is not required.
  • E.Any unrecorded statement made during a custodial interrogation will be presumed inadmissible unless this presumption is overcome by a preponderance of the evidence that the statement was reliable and voluntary. The totality of the circumstances surrounding the unrecorded statement will determine whether or not it is admissible.
  • F.Exceptions to the inadmissibility of unrecorded statements are:
    • 1.spontaneous statements not made in response to questioning;
    • 2.statements made in response to routinely asked questions during the processing of the arrestee;
    • 3.statements that are made out of the boundaries of the State of Illinois;
    • 4.a statement made in open court during any criminal or juvenile proceeding;
    • 5.a statement made at a time when members of the Chicago Police Department who are involved in the custodial interrogation were not aware a death has in fact occurred;
    • 6.electronic recording of the custodial interrogation was not feasible;
    • 7.there is an electronic recording of the arrestee's request that his statement not be electronically recorded;
    • 8.a voluntary statement made by the arrestee has a bearing on the credibility of the arrestee as a witness;
    • 9.at the time of the interrogation, the Chicago Police Department member is unaware of facts and circumstances that would create probable cause to believe that the accused committed an offense required to be recorded.
  • G.The detective areas, Homan Square, and the Polygraph Unit have interview rooms that are equipped with surveillance cameras and microphones in locations allowing video and audio surveillance of the entire room.
  • H.A control panel is mounted on the wall just outside each interview room. The control panel allows the detective assigned to the investigation/interrogation to activate and deactivate the recording of all activities in the room.
  • I.A control room is located at the detective areas, Homan Square, and the Polygraph Unit. The control room allows for the monitoring of the audio and video from each interview room within the unit with a surveillance camera and microphone.
  • J.Each of the detective areas is equipped with a portable digital recording kit. The purpose of the portable digital recording kit is to record, with the approval of the designated supervisor of the Violent Crimes Section, custodial interrogations that occur outside of the digitally equipped interrogation rooms. A Department member who uses a portable digital recording kit must ensure that the recording is unique to an investigation.
  • K.The only Department member that can view a permanently stored interrogation recording is a detective assigned. The exceptions to this are:
    • 1.Department members assigned to Bureau of Detectives Central Investigations Division, Cold Case Unit;
    • 2.Traffic specialists assigned to the Major Accident Investigation Unit, if the homicide is of a vehicular category;
    • 3.A Department member granted a Video Exempt role; or
    • 4.A Department member who:
      • a.needs to acquire access to a digital recording created by that Department member while assigned to that unit, and
      • b.has received written permission from the Chief, Bureau of Detectives.
V.Responsibilities
  • A.Arresting/Transporting Officer
    • 1.Department Members taking an individual into custody or accepting custody from other officers will follow the procedures outlined in Department directive entitled "Restraining Arrestees." Members will be responsible for the safety and security of the arrestee.
    • 2.A thorough search of the arrestee will be conducted in accordance with established Department procedures.
    • 3.Members will transport an arrestee in a vehicle equipped with a protective divider or request a squadrol as soon as possible for transportation to the Bureau of Detectives Area Center where the offense occurred.
    • 4.Transporting officers will transport the arrestee suspected of an offense listed in Item IV-B directly to the Violent Crimes Section of the Bureau of Detectives Area Center where the offense occurred and will:
      • a.immediately notify the designated supervisor of the Violent Crimes Section of the appropriate Bureau of Detectives Area Center that the arrestee is suspected of an offense listed in Item IV-B; and
      • b.ensure the detective assigned by the designated supervisor takes custody of the arrestee prior to being placed in the interview room.
        NOTE:
        If the arrestee needs immediate medical care, Department members will follow the procedures in the Department directive entitled "Processing Persons Under Department Control."
    • 5.As soon as the situation allows, the arresting officer will proceed to the detention facility to ensure that all required arrest documents are properly completed and the Arrest Report (CPD- 11.420 or CPD- 11.420c) is presented to the district station supervisor in charge of the detention facility.
    • 6.The arresting officer will immediately telephone the station supervisor of the district of occurrence and, if different, the station supervisor of the district of arrest. The arresting officer will report the name and address of the arrestee, probable charges, and Bureau of Detectives Area Center the arrestee is being detained.
    • 7.A Department member need not refrain from engaging in conversation including interrogation as to the facts of the crime with a suspect who has indicated a willingness to talk either at the scene or on direct route to the area. However, a Department member shall inform the arrestee of Miranda rights where required and, further, shall refrain from initiating a custodial interrogation for the purpose of usurping the legal requirement to record such interrogations and shall refrain from extending the interrogation beyond the time it takes to transport the subject directly to the appropriate Bureau of Detectives Area Center.
      • a.Once in the Area, the transporting officers shall refrain from all interrogations. The Department member will inform the detective assigned to the investigation/interrogation of any statement made by the arrestee when the detective takes custody of the arrestee or in a reasonable amount of time after the arrival. The transporting officer will document such statement in a Supplementary Report (CPD- 11.411).
      • b.In cases in which a Standardized Field Sobriety Test is appropriate, these tests are allowed to be performed by a Department member at the scene.
      • c.When a death in fact has occurred in traffic-related cases and there is a possibility of Reckless Homicide or Aggravated Driving Under the Influence charges, the following reports shall be filled out as indicated:
        • (1)Alcohol/Drug Influence Report (CPD-22.118). The arresting officer will fill out the first page and the first part of the second page up until the section marked "Interview." The "Interview" section will be filled out by the detective/traffic specialist assigned to the investigation/interrogation who must record the interrogation. The detective/traffic specialist will sign the Alcohol/Drug Influence Report at the bottom of the second page as the "interviewing member."
        • (2)Driver's Crash Statement (CPD-22.111). The detective/traffic specialist assigned to the investigation/interrogation will complete this report and must record the interrogation.
  • B.Detective assigned to the investigation/interrogation
    The detective assigned by the designated supervisor of the Violent Crimes Section to the investigation/interrogation of the arrestee suspected of an offense listed in Item IV-B will take custody of the arrestee from the transporting officer and:
    • 1.before the arrestee enters the interview room, activate the digital recording system.
    • 2.be responsible for initiating and maintaining the digital recording of the arrestee during the time in the interview room.
  • C.Designated Supervisor of the Violent Crimes Section of the appropriate Bureau of Detectives Area Center
    When a Department member brings an arrestee suspected of an offense listed in Item IV-B to the Area Center, the designated supervisor of the Violent Crimes Section will:
    • 1.assign a detective to the investigation/interrogation of the arrestee,
    • 2.ensure the digital recording device is activated by the assigned detective before the arrestee is placed into the interview room, and;
    • 3.ensure the detective assigned to the investigation/interrogation take custody of the arrestee from the transporting officer and place the arrestee into the interview room.
  • D.The Superintendent of Police
    The Superintendent of Police will determine which Department members will be granted a Video Exempt role to access the digital video system on I-CLEAR.
VI.Procedures When Digitally Recording
  • A.The detective assigned to the investigation/interrogation of an arrestee suspected of an offense listed in Item IV-B will follow the technical procedures as trained to operate the system.
  • B.The system will not be turned off after an arrestee is placed into the interview room while the arrestee remains in the room. In addition, the equipment will remain on during short breaks when the arrestee leaves the room when practical.
  • C.Equipment will be turned off if:
    • 1.the arrestee is placed in a different room;
    • 2.the arrestee is returned to the lock-up;
    • 3.the interrogation is concluded.
  • D.The detective assigned to the investigation/interrogation may, in his or her discretion, turn off the recording equipment during a break in which the arrestee is removed from the interview room if the detective determines that it is impractical to continue running the equipment (i.e., a lengthy break for multiple lineups).
  • E.The arrestee is not required to be told that he or she is being recorded. Anyone other than the suspect or a Department member who will be recorded while in the interview room must be told by the detective assigned to the investigation/interrogation he or she is being recorded.
  • F.When an attorney is admitted into the interrogation room to confer with his or her client, the detective assigned to the investigation will:
    • 1.inform the attorney that the digital recording equipment is activated;
    • 2.escort the attorney to the control box for the interview room, supply the attorney with the attorney switch key and instruct him or her how to block the audio and video portion using the key;
    • 3.when the attorney is finished, ensure that they unblock the audio and video portion of the digital recording system; and
    • 4.retrieve the key to the system from the attorney.
VII.Procedures After the Interrogation
  • A.The digital video recording of the interrogation is not available to be permanently stored in the I-CLEAR system immediately after recording. The transfer will take about five to twenty-four hours after the equipment is deactivated.
  • B.In cases where Felony Review approves charges, the following procedure will be completed prior to the detective assigned to the investigation/interrogation's tour of duty. In all interrogations where no charge is placed, the detective assigned to the investigation/interrogation must complete the following procedure within three days:
    • 1.access the Electronic Recording Interrogation (ERI) Application as trained and input the following data:
      • a.Record Division Number,
      • b.Category,
      • c.The information on the arrestee who was digitally recorded, and
      • d.The information on every Department member that interrogated the arrestee during the digital recording. The detective that is inputting the information must enter his or her information first.
    • 2.select option to permanently store the data enumerated in VII-B-1.
      NOTE:
      The only Department member who can update permanently stored interrogation data is a member granted a Video Exempt role, the Department member who stored the video, or a Department member who is enumerated in VII-B-1-d.
VIII.Procedures for Creating a Copy of the Interrogation
  • A.An authorized detective who requires a copy of all of or a portion of an interrogation for a legitimate, lawful police purpose will follow the procedures as trained to operate the system.
  • B.There are only two discs that can be utilized to create a copy of an interrogation:
    • 1.DVD + RW (Digital Video Disc and Rewritable)
    • 2.DVD + R (Digital Video and Recordable)
  • C.Any such copy of interrogations will be clearly marked "unofficial police document" on the image of the copy. Copies of interrogations are to be only used in an official police capacity. Department members who are authorized to produce copies of an interrogation and improperly utilize it will be disciplined according to current Department procedures and guidelines.
  • D.Copies will be retained and archived consistent with procedures established by the Chief, Bureau of Detectives.
(Items indicated by italics/double underline were revised.)
Authenticated by: KC
Garry F. McCarthy
Superintendent of Police
15-114 CAW
GLOSSARY TERMS:
1. -
A motion picture, audiotape, videotape, or digital recording.
2. -
A statement during a custodial interrogation that is not electronically recorded.
3. -
A building or police station that is a place of operation for a municipal police department, county sheriff department, or other law-enforcement agency where adults may be held in connection with criminal charges or where juveniles may be held for allegations of delinquency. For adult arrestees, a courthouse is not considered a place of detention.