Mandatory recording when a minor waives their rights

It is an admissibility rule: if a minor in custody waives a constitutional right (like the right to remain silent or to have a lawyer), that waiver cannot be used as evidence against them unless the interrogation was recorded in full, in audio and video, with everyone present identified.

Every minor who is in custody or under arrest and is questioned by law enforcement, at the investigative stage or during the juvenile judicial process. The rule also requires, as the law already did before this amendment, the presence of the minor's parents, guardian or court-appointed defender and their attorney for the waiver to be valid — except when what is waived is the right to legal representation itself, which does not require the attorney's presence.

• That the minor's parents, guardian or court-appointed defender and their attorney be present at the time of the waiver, unless the waiver is only of the right to legal representation.Verified against the official source
• That the confession or interrogation was recorded in full audio and video, with the recording available and the identity of every voice and person present.Verified against the official source

• If recording was not possible due to exigent emergency or public-safety circumstances, the law-enforcement officer must document an explanation of those circumstances in the police report.

1. 1

   Step 1: Note this law is not yet in effect

   Section 5 provides that "this Act shall take effect one hundred eighty (180) days after its approval," approved March 31, 2026 — that is, around late September 2026. Check your case's date against that effective date before assuming this rule already applies.

2. 2

   Step 2: The recording becomes a condition of admissibility

   The amended text is explicit: "The minor's waiver of any constitutional right protecting them shall be inadmissible as evidence, unless the confession or the interrogation process is recorded in full audio and video, with the identity of every voice and person present expressed."

3. 3

   Step 3: The presence of parents and attorney remains mandatory

   "The minor's waiver of any constitutional right protecting them shall not be admitted unless their parents or guardians or court-appointed defender and their attorney are present." The only exception: waiving only the right to legal representation does not require the attorney to be present.

4. 4

   Step 4: Know the emergency exception and what replaces it

   When recording is not viable due to exigent emergency or public-safety circumstances, the officer documents the explanation in the police report, and the court corroborates the waiver through other reliable means under the Rules of Procedure for Juvenile Matters and applicable caselaw.

5. 5

   Step 5: The same requirement applies from the investigative stage

   The new inciso (i) of Article 37 requires that "every interrogation conducted by law-enforcement agents of a minor in custody or under arrest during the investigative stage" be fully recorded, preserving images and voices and identifying those present; non-compliance "may result in the inadmissibility of any statement obtained."

This is not a procedure you request: it is an evidence rule and procedural requirement governing the Puerto Rico Police and the juvenile courts. The Police and the Department of Justice were to adopt or update the regulations, orders or protocols needed for compliance.

• Assuming this rule already applies because the law was approved: it does not take effect until one hundred eighty days after approval.
• Thinking the absence of a recording always invalidates the waiver: if there were documented exigent circumstances, the court can corroborate through other means.
• Believing the attorney must be present even when the minor only waives the right to legal representation: that is the one exception to the presence rule.
• Not requesting a copy of or access to the recording when a waiver's validity is challenged.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  bvirtualogp.pr.gov