Michigan law Sections 763.9 and 763.10 address the recording and preservation of statements during custodial interrogations for major felonies. While failure to record or preserve such statements doesn't prevent law enforcement from testifying about the content, courts may instruct juries on the importance of recordings. The law emphasizes that compliance is a directive for law enforcement, not a right for individuals, and non-compliance does not create civil liability.
No, failure to record does not prevent law enforcement from testifying about the statement if it is otherwise admissible.
Yes, if the individual did not object to the recording, the jury may be instructed that recording is required by law and consider the absence in their evaluation.
No, failure to comply does not create a civil cause of action against law enforcement or departments.
No, the law's requirement to record is a directive for law enforcement, not a right conferred on the individual.