Under CCP 15.17(a) the code states that "A recording of the cmmunication between the arrested person and the magistrate shall be made."

So, here's my issue:
1. What does recording mean? --> are the written forms a record or must it be some kind of video or audio recording?

2. If the defendant is live and in front of the magistrate (not through some kind of broadcast system), must an audio / video recording be made?

3. If the defendant is off site somewhere, is that the only time we are required to have an electronic recording of the admonishments?

Fair questions given the run-on nature of the statute! I did not find any case law to assist.

The art. 15.17(a) term is a "recording." It is distinguishable on its face, then, from art. 38.22, sec. 3, which speaks of an "electronic recording." Art. 15.17(e) also uses the term "record" and allows such to be written or electronic.

I believe the statutory requirement of a recording, whatever that is, is required under all situations caught by art. 15.17 and is not confined to off-site warnings. The preliminary language to the provision states "In each case enumerated in this code," which arguably conditions everything that follows in subsec.(a) at least.

I don't see anything requiring the type of recording to be different depending on the circumstances--though it certainly seems very practical to record any electronic broadcasting under way.

My recommendation would be to always record both the image and the sound. This would be safest until the matter is decided, is the trend nationwide, and serves us best in court. It largely eliminates swearing matches about what actually occurred.

[This message was edited by John A. Stride on 05-27-10 at .]