Abstract
The Mallott rule refers to the requirement, in effect in Minnesota and Alaska, that police electronically record all custodial questioning of suspects. The purpose of the rule is to ensure an objective record of all questioning/interrogation to assist trial and appellate courts in resolving any factual disputes regarding the voluntariness, and thus the admissibility, of incriminating statements. Minnesota and Alaska are the only states that have adopted this rule. This article presents the case law history that resulted in the Mallott rule adoption in Minnesota and Alaska. The legal and logical basis for the Mallott rule is discussed, and its adoption in other jurisdictions is advocated.
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