Do Police Have to Record a Confession in Florida?

June 6, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

During the course of a criminal investigation, law enforcement will sometimes allege that an individual accused of a crime confessed to it. But what if no evidence of a written or spoken confession is provided – aside from the claim from a police officer that a confession occurred?

This article will explain whether an unrecorded confession with no corroborating evidence is admissible in Florida court – and evidence that must be provided by the police before they can testify in court that a suspect provided an unrecorded confession.

After a suspect is taken into custody by law enforcement, but before they are interrogated, law enforcement must read that suspect their Miranda rights. These include the right to remain silent, the right to an attorney (including during police questioning), and a notification of the fact that anything the suspect says can and will be used against them in a court of law. Miranda v. Arizona, 384 U.S. 436, 479 (1966)

If someone knowingly, intelligently, and voluntarily waives their Miranda rights, any subsequent statements they make to law enforcement (such as a confession) may be used against them in court. 

Note: Someone’s decision to waive their Miranda rights must be made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it. M.A.B. v. State, 957 So.2d 1219 (Fla 2nd DCA 2007). Evidence of police intimidation, cajoling, or trickery in an effort to get a suspect to waive their Miranda rights invalidates any subsequent waiver. Dooley v. State, 743 So.2d 65, 68 (Fla 4th DCA 1999).

But what happens when an officer claims a suspect confessed to a crime, yet has no actual record of the alleged confession?

There is no blanket rule in Florida requiring law enforcement to document a confession in writing or on video. However, the admissibility of an unrecorded depends primarily on whether there is evidence the suspect knowingly, intelligently, and voluntarily waived their Miranda rights (right to remain silent and right to an attorney during questioning) before the alleged confession was made.

If evidence exists that a suspect validly waived their rights, even an unrecorded confession can be admitted in court in the form of officer testimony alleging the confession was made. As long as the officer testifies at trial, the jury is permitted to weigh the credibility of testimony regarding an alleged confession – even in the absence of recorded evidence. State v. Pickersgill, 284 So.3d 542 (Fla. 2d. DCA 2019) 

Two decades before Pickersgill, the Second District Court of Appeal ruled in DuPont that while it is considered “better practice” for officers to record confessions, there is no legal requirement to do so. State v. DuPont, 659 So.2d 405 (Fla 2d. DCA 1995)

But this changes when neither a suspect’s confession, nor their Miranda waiver is recorded. If there is no evidence that a suspect validly waived their Miranda rights (as this was also not recorded) – and an officer alleges they confessed – the officer cannot testify in court that the suspect confessed. Tague v. Louisiana, 444 U.S. 469 (1980) 

In Tague, a police officer testified that Tague had waived his rights and confessed to the alleged crime. Tague was convicted and appealed. After hearing the case, the U.S. Supreme Court held that officers cannot testify that a defendant confessed, if neither a defendant’s confession nor Miranda waiver was recorded. 

The Tague majority reasoned that if officers were able to testify to an unrecorded confession, even without evidence that a defendant waived his Miranda rights, this would impermissibly undermine a defendant’s protection against self-incrimination. Despite Florida law not requiring confessions to be recorded, Tague bars Florida courts from admitting unrecorded confessions in the absence of evidence of a valid Miranda waiver.

In sum, Florida law does not require police officers to record a suspect’s alleged confession. If there is evidence to show a defendant knowingly, intelligently, and voluntarily waived their rights and spoke with police, an officer may testify at trial that the defendant confessed, even if there is no evidence of the confession itself. This is an issue of weight, not admissibility, and the officer may be cross-examined by the defendant.

However, if there is no evidence that a defendant validly waived their Miranda rights before an alleged confession occurred, an officer cannot testify that the defendant made an unrecorded confession. The U.S. Supreme Court has ruled this in Tague, which binds all state and federal courts.

If someone is arrested and charged in a case involving an alleged confession, it is vital to seek out aggressive and experienced legal counsel as soon as possible. The attorneys at Pumphrey Law have decades of experience fighting to win for clients across Florida who have been charged with marijuana-related crimes.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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