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Bill to require recording of custodial interrogations draws broad support and procedural questions

New Hampshire Senate Judiciary Committee · April 2, 2026
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Summary

Proponents including the Innocence Project say requiring audio (and where possible video) recording of custodial interrogations would reduce false‑confession risk and Miranda litigation; law enforcement and DOJ raised practical and legal concerns about definitions, hospital privacy, storage and cyber risks.

Representative Buzz Sher introduced HB 1236 to require electronic recording of custodial interrogations and to create a presumption that statements are inadmissible when a recording is absent unless a court finds a reasonable justification.

Proponents argued recordings reduce wrongful convictions and shrink pretrial litigation over Miranda waivers. An Innocence Project witness said recorded interrogations are an evidence‑based safeguard and pointed to national practice and studies…

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