Why is it not the FBI's policy to electronically record witness interviews?
What I think is the reason is related to Title 18 of the United States Code, section 1001, which makes it a felony for anyone to make a false statement to the FBI. This, in turn, means that if there’s no verbatim record the witness actually said, whatever words the agent deigns to write in the 302 (a record created by the agent’s notes. Not signed by the witness.) become, in effect, the witness’ words. As do the omissions. The witness can never contradict anything that the agent writes (or chooses not to write) in the 302 without facing the threat of felony charges under section 1001.
Observing members:
0
Composing members:
0
8 Answers
It’s more likely that they do record them, and just deny it.
It’s illegal to record anyone without their permission. So no one will talk, probably.
Transcriptions of witness interviews written under rule 302 have been an issue for decades. And the dirty secret FBI & DOJ authorities try to ignore is that grand juries have increasingly refused to indict where charges are based soley on 302 witness statements.
@Tropical_Willie – That DOJ policy memo was long overdue. BUT, it only covers custodial interviews , where a suspect is questioned after arrest and following Miranda warnings – Not the witness interviews luigirovatti is talking about in this question.
@kritiper – Actually it’s not. And everyone who voluntarily speaks to law enforcement on evidence is assumed to have waived any privacy protection.
The FBI prefers 302 records, which it creates, as it gives them control over the evidence presented to court. The reasons the FBI have given for not recording interviews are not very convincing:
1. It would undermine rapport building with the interviewee.
2. Historically, the procedure has seldom been challenged.
3. Established interview techniques may seem unreliable to lay persons.
4. It would create too much work in transcription and impede the admission of evidence.
In the UK interviews are recorded unless the witness objects. In that case a written record is produced which the witness must sign.
It might be all right to record, but it can’t be used in court without permission.
When a person is being recorded, an electronic “Beep” must be broadcast so that the person being recorded KNOWS he/she is being recorded.
Answer this question 
This question is in the General Section. Responses must be helpful and on-topic.
Composing members:
0
