March 24, 2010, 10:15
John A. StrideSiebert "safety valve" works
In Siebert, the SCOTUS put a stop to the "question first, warnings after" practice employed by some officers in obtaining confessions. But what about when officers inadvertently question someone before the warnings are given? Today, the unanimous CCA, in an opinion authored by Judge Cochran, reached the issue in Carter. It should be a useful opinion.
Read the opinion here:
http://www.cca.courts.state.tx.us/OPINIONS/PDFOPINIONINFO2.ASP?OPINIONID=19445&FILENAME=PD-0606-09.PDF