Department of Justice (DOJ) Inspector General Michael E. Horowitz announced today the release of a report on DOJ’s implementation of its policy to electronically record statements of arrestees in custody. In May 2014, the Attorney General announced the DOJ Policy on the Electronic Recording of Statements (e-Recording Policy), which established the presumption that DOJ’s law enforcement components (i.e., the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Drug Enforcement Administration (DEA); Federal Bureau of Investigation (FBI); and United States Marshals Service (USMS)) will electronically record statements made by individuals in their custody when in a place of detention with suitable recording equipment following arrest, but prior to the individual’s first court appearance.
The DOJ Office of the Inspector General (OIG) found that the law enforcement components generally integrated the e-Recording Policy into their internal policies, procedures, and operations. The components also made efforts to provide their offices suitable recording equipment. However, one component still needs to ensure that places of detention within the United States have sufficient suitable recording equipment. The OIG also found that all components generally trained their personnel sufficiently on the e-Recording Policy, although some components have not trained their Task Force Officers. We also found that none of the components provide their personnel with subsequent refresher training on the e-Recording Policy, which leaves many personnel unaware of the policy’s allowable exceptions to recording.
The DOJ OIG made four recommendations to improve ATF’s, DEA’s, FBI’s, and USMS’ implementation of DOJ’s policy to electronically record statements of arrestees in custody. ATF, DEA, FBI and USMS agreed with all four recommendations.