I have a case where the Defendant was on Probation. He was arrested on an MTR. He asks to speak to a deputy. Deputy asks him if he has an attorney. D says, it depends, if it is for the MTR, then yes. If not, then I can talk to you. Defendant talks. Now, we add those to the MTR. Is this a problem?

1. We need a case that says, at the time it was not part of the MTR so he wasn't represented and

2. even if he was represented by an attorney, he can't say I want to tell you something but you can't use it because I have an attorney.

No better starting place than this article by John Stride.

http://www.tdcaa.com/node/6859

This case that John Stride found for me is as close to on point as I can get....Romo v. S., 132 sw3d 2 (Tex. App.--Amarillo 2003 no pet).