Section 46-4-409 - Exceptions to custodial recording requirementsA judge shall admit statements or evidence of statements that do not conform to 46-4-408 if, at hearing, the state proves by a preponderance of the evidence that:
(1) the statements have been made voluntarily and are reliable; or(2) one or more of the following circumstances existed at the time of the custodial interrogation: (a) the questions put forth by law enforcement personnel and the person's responsive statements were part of the routine processing or booking of the person;(b) before or during a custodial interrogation, the person unambiguously declared that the person would respond to the law enforcement officer's questions only if the person's statements were not electronically recorded;(c) the failure to electronically record an interrogation in its entirety was the result of unforeseeable equipment failure and obtaining replacement equipment was not practicable;(d) exigent circumstances prevented the making of an electronic recording of the custodial interrogation;(e) the person's statements were surreptitiously recorded by or under the direction of law enforcement personnel;(f) the person's statement was made during a custodial interrogation that was conducted in another state by peace officers of that state in compliance with the laws of that state; or(g) the person's statement was made spontaneously and not in response to a question.En. Sec. 4, Ch. 214, L. 2009.