Wisconsin Statutes
Wis. Stat. § 968.073 (2026)
Recording custodial interrogations
✓ current as of July 2026
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968.073(1)(a)(a) “Custodial interrogation” means an interrogation by a law enforcement officer or an agent of a law enforcement agency of a person suspected of committing a crime from the time the suspect is or should be informed of his or her rights to counsel and to remain silent until the questioning ends, during which the officer or agent asks a question that is reasonably likely to elicit an incriminating response and during which a reasonable person in the suspect’s position would believe that he or she is in custody or otherwise deprived of his or her freedom of action in any significant way.
968.073(2)(2) It is the policy of this state to make an audio or audio and visual recording of a custodial interrogation of a person suspected of committing a felony unless a condition under s. 972.115 (2) (a) 1. to 6. applies or good cause is shown for not making an audio or audio and visual recording of the interrogation.
968.073(3)(3) 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.
968.073 AnnotationInstituting Innocence Reform: Wisconsin’s New Governance Experiment. Kruse. 2006 WLR 645.
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 2008–2023 · leading case: State v. Raheem Moore, 2015 WI 54 (Wis. 2015).
State v. Raheem Moore, 2015 WI 54 (Wis. 2015). “In fact, recordings are the suggested practice under Wis. Stat. §§ 968.073 (2) and 938.195(2) in either court.”
State v. Banks, 2010 WI App 107 (Wis. Ct. App. 2010). “See Wis. Stat. § 968.073 . 7 At a pretrial motion hearing, Jacobsen testified that he and Banks were in the police department interview room.”
United States v. Bruce, 550 F.3d 668 (7th Cir. 2008). “” Wis. Stat. § 968.073 (2). Mr. Bruce requested a jury instruction stating that the law requires recording of interrogations by police and instructing the jury that “unrecorded oral statements made by a defendant out of court to a law enforcement officer should be viewed with…”
State v. Lockhart, 69 A.L.R. 6th 793 (Conn. 2010). “22 (3) (a) (1) and (2) (Vernon 2005) (statement made dining custodial interrogation inadmissible unless statement, advisement of rights and waiver of rights are electronically recorded); Wis. Stat. § 968.073 (2) (2007) (policy of state is to make electronic recording of…”
State v. Young, 2009 WI App 22 (Wis. Ct. App. 2008). “7 To support his argument, Young cites Wis. Stat. § 968.073 (2), which requires the State "to make an audio or audio and visual recording of a custodial interrogation of a person suspected of committing a felony unless a condition under s.”
Commonwealth v. Pugh, 101 A.3d 820 (Pa. Super. Ct. 2014). “22; Wis. Stat. § 968.073 ; see also 2014 Vt. Adv.”
State v. Townsend, 2008 WI App 20 (Wis. Ct. App. 2008). “§ 968.073(2) provides as follows: 3 In 2005, the supreme court adopted a rule pursuant to its supervisory authority mandating the electronic recording of custodial interviews of juveniles, and adopting suppression as the remedy.”
State v. Raheem Moore (Wis. 2015). “In fact, recordings are the suggested practice under Wis. Stat. §§ 968.073 (2) and 938.195(2) in either court.”
State v. Robert Lee Banks (Wis. Ct. App. 2023). “§ 968.073. 9 No. 2021AP891-CR of “mere negligence, without more, does not amount to a constitutional violation.”
Muniz-Munoz v. Benzel (E.D. Wis. 2021). “The treatment of sections 968.073 and 972.115 of the statutes first applies to custodial interrogations, as defined in section 968.”
State v. Hasim Munir, 209 A.3d 545 (2019). “13, § 5585 (2015) (Vermont); Wis. Stat. Ann. § 968.073 (2019) (Wisconsin); Stephan v.”
United States v. Bruce, Calvin (7th Cir. 2008). “” Wis. Stat. § 968.073 (2). Mr. Bruce requested a jury instruction stating that the law requires recording of interrogations by police and instructing the jury that “unrecorded oral statements made by a defendant out of court to a law enforcement officer should be viewed with…”
— Wis. Stat. § 968.073(1)(a) — 1 case
Muniz-Munoz v. Benzel (E.D. Wis. 2021). “The treatment of sections 968.073 and 972.115 of the statutes first applies to custodial interrogations, as defined in section 968.”
— Wis. Stat. § 968.073(2) — 4 cases
State v. Raheem Moore, 2015 WI 54 (Wis. 2015). “In fact, recordings are the suggested practice under Wis. Stat. §§ 968.073 (2) and 938.195(2) in either court.”
State v. Townsend, 2008 WI App 20 (Wis. Ct. App. 2008). “§ 968.073(2) provides as follows: 3 In 2005, the supreme court adopted a rule pursuant to its supervisory authority mandating the electronic recording of custodial interviews of juveniles, and adopting suppression as the remedy.”
State v. Raheem Moore (Wis. 2015). “In fact, recordings are the suggested practice under Wis. Stat. §§ 968.073 (2) and 938.195(2) in either court.”
State v. Robert Lee Banks (Wis. Ct. App. 2023). “§ 968.073. 9 No. 2021AP891-CR of “mere negligence, without more, does not amount to a constitutional violation.”
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