TDCAA Community
Use of Parole Records

This topic can be found at:
http://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/8271044511

January 25, 2006, 09:19
Douglas Freitag
Use of Parole Records
Defendant currently facing charge of Agg. Asslt. At a meeting with his parole officer, while in custody, he admits to allegation of new offense. Defendant was given the standard warnings used by parole for rights in a revocation process, but they don't even come close to Miranda.

I know someone out there has had this come up before and can point me to appropriate case law that would be on point. Please help. THANKS.
January 25, 2006, 09:23
Neel McDonald
Does "meeting with your parole officer" qualify as custodial interrogation?
January 25, 2006, 09:42
Douglas Freitag
Meeting with parole officer was because he was already arrested on the "blue warrant."
January 25, 2006, 11:01
JB
Describing the interrogation as being conducted by a parole officer doesn't change the law. Miranda warnings are required before a statement made pursuant to custodial interrogation is admissible. Texas has additional requirements related to written, recorded or oral admissions. None of those requirements are relaxed simply because the interviewer was a parole officer. As an agent of the state, he must follow the law for the confession to be admissible in a criminal trial.

Now, if the defendant is a terrorist....
January 25, 2006, 11:30
Trey Hill
I already told Douglas, much as I don't like it and unless there's some contrary authority, if I'm the judge, I am not allowing those admissions into evidence.
January 25, 2006, 11:59
LT
At least if he should happen to take the stand you can impeach him with the admissions. Like that's gonna happen.....
January 25, 2006, 11:59
Douglas Freitag
For anyone else that may have a similar issue arise see Wilkerson vs. State 173S.W.3d 521

Gives a good discussion as to when a state employee is and is not an "agent of the state" for purposes of custodial interrogation.
January 25, 2006, 13:21
Trey Hill
I am of the opinion that Mr. Freitag has a pretty decent shot at getting admitted the defendant's admissions of culpability to his parole officer while in the jail on a blue warrant.