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.
Does "meeting with your parole officer" qualify as custodial interrogation?
Meeting with parole officer was because he was already arrested on the "blue warrant."
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....
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.
At least if he should happen to take the stand you can impeach him with the admissions. Like that's gonna happen.....
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.
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.
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