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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.
 
Posts: 9 | Location: Lubbock, Texas, America | Registered: October 07, 2004Reply With QuoteReport This Post
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Does "meeting with your parole officer" qualify as custodial interrogation?
 
Posts: 159 | Location: At the beach, Texas | Registered: June 12, 2001Reply With QuoteReport This Post
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Meeting with parole officer was because he was already arrested on the "blue warrant."
 
Posts: 9 | Location: Lubbock, Texas, America | Registered: October 07, 2004Reply With QuoteReport This Post
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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....
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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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.
 
Posts: 124 | Location: West Texas | Registered: June 25, 2003Reply With QuoteReport This Post
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At least if he should happen to take the stand you can impeach him with the admissions. Like that's gonna happen.....
 
Posts: 279 | Registered: October 24, 2002Reply With QuoteReport This Post
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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.
 
Posts: 9 | Location: Lubbock, Texas, America | Registered: October 07, 2004Reply With QuoteReport This Post
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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.
 
Posts: 124 | Location: West Texas | Registered: June 25, 2003Reply With QuoteReport This Post
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