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CCP 38.22 "Admission of Statements" Login/Join 
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Fellow Prosecutors:

Need help, brief and/or caselaw info on situation where:

Officer 1 begins recorded statement with warnings 38.22 (2) but no id of voices/persons. After 10-15 minutes, Officer 1 leaves and Officer 2 of a DIFFERENT agency comences interview (affirming on recordning of "read his rights" but not id of voices/persons, on related but different matter arising out of same series of events in different location; after 10-15 minutes, Officers 3 & 4 of same agency as Officer 1, come in and interview with no warnings mentioned and no id of persons/voices, questioning on same matter as Officer 1 had questioned. As expected, all good confessions and statements are on DVD with Officer 3 & 4 and NO COMPLINACE.

All interviews occur within 2 hour block, at same location/same room. 3 different DVDs.

Can I "tack" together first warning to second, with ratification of "warnings" but not read on tape and extend to third interview where we get "good stuff"? " Any Workaround" ???????

How to deal with no compliance from anyone on "id of voices/persons on the recording" 38.22 Sec 2 (4)

Would be grateful for caselaw, comments, suggestions.

Email me at bhelwig@yoakumcounty.org or call 806.456.7480, ext 6.

Thanks!
Bill Helwig
Yoakum County DA
 
Posts: 22 | Location: Plains, Texas, USA | Registered: March 07, 2011Reply With QuoteReport This Post
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DVD recordings are audio only, or audio w/ video?
 
Posts: 104 | Location: Brazos County, Texas | Registered: February 10, 2010Reply With QuoteReport This Post
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Also, this thread may get you started:

https://tdcaa.infopop.net/eve/f...087059416#9087059416
 
Posts: 104 | Location: Brazos County, Texas | Registered: February 10, 2010Reply With QuoteReport This Post
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