October 15, 2014, 18:45
HubertOfficer present
I thought I read somewhere that the officer who read the Miranda / 38.22 warnings had to be present during the interview. Does anyone else remember that?
October 16, 2014, 10:11
JohnRIs your statement recorded or written? Article 38.22, Sec. 2(a) indicattes that a written statement is admissible if the warnings are given by the person to whom the statement is made. But the same sentence also says that a magistrate can give the warnings. If your statement is recorded, Sec. 3 of Article 38.22 does not have the same language. Rather, it appears that a recording is admissible as long as the defendant receives the warnings on the recording and waives his rights. Also look at Lugo Lugo, 650 S.W.2d 72, 82-83 and Dowthitt, 931 S.W.2d at 258, which are annotated on page 353 of the TDCAA Criminal Laws of Texas book, which everyone EVERYONE needs,