State v. Sanders

I respectfully dissent. In State v. Scales, 518 N.W.2d 587, 592 (Minn.1994), we held that “all custodial interrogation ... shall be electronically recorded where feasible and must be recorded when questioning occurs at a place of detention.” We further held, under our “supervisory power to insure the fair administration of justice,” that courts must suppress any statement “obtained in violation of the recording requirement if the violation is deemed ‘substantial.’ ” Id. Our purpose in so holding “was to prevent factual disputes about the existence and context of Miranda warnings and any…