Defendant comes in to PD voluntarily. Is given Miranda on video. After an hour of questioning, 1 officer leaves to procure arrest warrant. Comes back and shows defendant warrant. After more questioning, defendant finally confesses. 1) is defendant under arrest when warrant shown if officer doesn't execute? 2) does defendant need to be re-mirandized? 3) Any other suppression issues?

First, officers need to stop reading Miranda warnings before a defendant is in custody. The Miranda Rule applies to custodial interrogation. When the defendant voluntarily came to the police station, he was not under arrest. The interview should begin, "Now, I understand you voluntarily came to the police station at the request of an officer. Do you understand that you are not under arrest and are free to leave at any time?" That would be the Anti-Miranda Warning.

Second, if the interview concludes and the officer wants to arrest the defendant, he should do as promised and allow the defendant to leave. In most instances, the defendant is not an immediate danger to the community or himself and is not likely to flee. The officer can then go get a warrant and arrest the defendant in his home or at work. Heck, many defendants, if called, will turn themselves in at the jail.

Third, if during the interview, the officer receives a confession and then believes an immediate arrest should be made, then the CCP provides a solution. The CCP, art. 14.03, provides that an officer may make a warrantless arrest of "a person who makes a statement to the peace officer that would be admissible against the person under [the confession law in the CCP] and establishes probable cause to believe that the person has committed a felony." If the officer exercises this option, he should then notify the defendant of the change in circumstances ("Remember how I told you that you were not under arrest? Well, given your confession, I now am exercising my authority under the law to make a warrantless arrest. You are no longer free to leave. Let me read you these warnings...") Then, if the defendant continues to cooperate, complete the interview.

In your particular case, since everything was on video, you should be fine. I don't think that just because the defendant's custody status changed during the course of the interview that he would need to be re-Mirandized (although I agree with JB that the first Miranda warnings were unnecessary if the defendant was not in custody at that time).

On the issue of whether a second set of Miranda warnings was needed, you might look at

Miller v. State, 196 S.W.3d 256, 266-67 (Tex.App.-Fort Worth 2006, pet. ref'd) (no new Miranda warnings were needed where the same officer who interviewed defendant had given him Miranda warnings on the same matter four days earlier);

State v. Butzin, 404 N.W.2d 819,826 (Minn.App. 1987, review denied) (no second set of Miranda warnings needed where defendant confessed and was then arrested and 19 hours later was interviewed again and gave second confession)

Corwin v. State S.W. 2d @23

Serial killer mirandized, gave statement; police officer ended interview, went back at a later time and subj confessed to additional crimes. Prosecuted, executed, cert denied.

A.P., didn't that guy have some interesting drawings that made it into the punishment stage of the trial?

He painted a six-foot "self portrait" as described by prosecutor Pete Speers, of a demon-looking creature, holding a severed head and its serpentine tail cinched around a bloody arm. The thing is also holding a bloody bladed instrument in its other hand. Very dramatic during closing arguments. "Ladies and gentlemen, you must 'exorcise' this demon from society...". That statment got appealed upon, but also over-ruled, just like the supposed coerced confessions. The picture is included in the Southwestern Reporter version of the case. Sort of rare to see a diagram attached to the case in those law books, it seems.

You're the man, AP.

A real poster would give us the actual picture of the drawing.

I guess that's why I'm an IM-poster. I can't, as you well know JB, post pictures. If I could, I'd post a picture of Greg doing his mastery on the drums. Thanks for pointing out to everybody, including Grits for Snax fans that the other AP can't do a simple task like that. Geez, Louise.