Virginia law § 19.2-390.04 mandates law enforcement to record custodial interrogations at detention facilities, preferably via audiovisual recording, or audio if audiovisual isn't possible. Exemptions apply for technical failures or public safety concerns. Failure to record does not automatically make statements inadmissible but may impact their weight in court.
It is an interview conducted by law enforcement in circumstances that would make a reasonable person feel they are in custody, during which questions likely to elicit incriminating responses are asked.
Yes, officers must record the entire custodial interrogation audiovisually if possible, or just audio if audiovisual recording isn't feasible.
Yes, if there are good causes such as equipment failure, unavailability, or exigent public safety circumstances.
No, but the failure may influence how much weight a court gives to the statements during trial.