I have a case where the defendant confessed on videotape but the officer conducting the interview forgot to tell the defendant he had the right to terminate the interview at any time. The officer did advise him on tape of his other rights listed in 38.22. The officer also did not specifically ask the defendant if he understood his rights and waived them. The confession is great and I want to get it in if possible, but I don't see anyway around 38.22. Any suggestions?

Send your officers to the Confessions training currently offered by TDCAA. Today, we are in San Angelo. Yesterday, we were in Llano. Check out the remaining sites and dates for future training.

I cover this issue, and the news is not good. The Texas confession law for recordings is very strictly construed. Appellate courts have dumped confessions for less egregious mistakes than the one you describe.

It would be nice if the recorded confession provision tracked the written confession provision, which allows for "substantial compliance." Perhaps an amendment could be included in the next legislative session.

Of course, all of this technical stuff can be avoided if officers would obtain more confessions without first taking the defendant into custody. Without custody, the difficult provisions of article 38.22 don't apply. You only have to show the confession was voluntary.