Miranda warning in Texas

2026When an officer fails to provide Miranda warnings, the “[u]nwarned statements obtained as a result . . . may not be used as evidence by the State in a criminal proceeding during its case-in-chief.” Herrera v. State, 241 S.W.3d 520, 525 (Tex. Crim. App. 2007) (citing Miranda, 384 U.S. at 444 ).

2025He contends that he made those statements only after he was in custody, received Miranda warnings, invoked his right to counsel, and was told by police that a statement could “better [his] situation.” See Miranda v. Arizona, 384 U.S. 436, 478-79 (1966).

2026When an officer fails to provide Miranda warnings, the “[u]nwarned statements obtained as a result . . . may not be used as evidence by the State in a criminal proceeding during its case-in-chief.” Herrera v. State, 241 S.W.3d 520, 525 (Tex. Crim. App. 2007) (citing Miranda, 384 U.S. at 444 ).

2026PROC. art. 38.22, § 3(a) (requiring warnings only when interrogation is custodial); see also Herrera v. State, 241 S.W.3d 520, 525 (Tex. Crim. App. 2007) (explaining Miranda warnings “safeguard an uncounseled individual’s constitutional privilege against self-incrimination during custodial interrogation”).

2008See Oregon v. Elstad, 470 U.S. 298, 318 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985) ("a suspect who has once responded to unwarned yet noncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings"); see also Seibert, 542 U.S. at 612 n. 4, 124 S.Ct. 2601 (suggesting that the defendant would have lost under Elstad ); but see Seibert, 542 U.S. at 622-29 , 124 S.Ct. 2601 (O'Connor, J., dissenting, joined by Rehnquist, C.J., and Scalia and Thomas, JJ.) (suggesting that defendant might have won under Elstad ). [6] The cour

2008See Oregon v. Elstad, 470 U.S. 298, 318 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985) ("a suspect who has once responded to unwarned yet noncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings"); see also Seibert, 542 U.S. at 612 n. 4, 124 S.Ct. 2601 (suggesting that the defendant would have lost under Elstad ); but see Seibert, 542 U.S. at 622-29 , 124 S.Ct. 2601 (O'Connor, J., dissenting, joined by Rehnquist, C.J., and Scalia and Thomas, JJ.) (suggesting that defendant might have won under Elstad ). [6] The cour

2018Dowthitt v. State, 931 S.W.2d 244, 263 (Tex.Crim.App. 1996); see also Oregon v. Mathiason, 429 U.S. 492, 495 , 97 S.Ct. 711, 714 , 50 L.Ed.2d 714 (1977)(Miranda warnings are only required when there has been such a restriction on a person’s freedom as to render him “in custody”).

2016See, e.g., Nickerson v. State, 312 S.W.3d 250, 256 (Tex. App.—Houston [14th Dist.] 2010, pet. ref’d); Turner v. State, 252 S.W.3d 571, 580 (Tex. App.— Houston [14th Dist.] 2008, pet. ref’d); see also Delacerda, 425 S.W.3d at 386–88 (noting that the appellant voluntarily went with officers into police station to homicide division office for questioning and merely being questioned at stationhouse, by itself, does not constitute custody); cf. In re D.F.C., 312 S.W.3d at 714 (holding that “there was a restraint of movement to the degree associated with formal arrest” when juvenile went to stationh

2022“Failure to administer Miranda warnings creates a presumption of compulsion.” Oregon v. Elstad, 470 U.S. 298, 307 (1985).

2020Moreover, a finding of coercion carries more far-reaching consequences for later statements than a finding of noncompliance with Miranda or Article 38.22.33 If a statement is coerced, then later statements are presumptively the fruit of the poisonous tree and are admissible only if the taint has been shown to be attenuated.34 By contrast, a failure to comply with Miranda in a prior interview gives rise to no such presumption and ordinarily does not bar statements made in a subsequent interview that does comply with Miranda.35 The only exception is when the police engage in a two-step interroga

2024In the context of a Miranda error, the reviewing court must “judge the magni- tude of the error in light of the evidence as a whole to determine the de- gree of prejudice to the defendant resulting from that error.” Jones v. State, 119 S.W.3d 766, 777 (Tex. Crim. App. 2003) (quoting U.S. v. Po- lanco, 93 F.3d 555 , 562-63 (9th Cir. 1996)). 5 By applying the wrong harm standard Avelar-Rodriguez has inadequately briefed constitutional harmless error.

2024In the context of a Miranda error, the reviewing court must “judge the magni- tude of the error in light of the evidence as a whole to determine the de- gree of prejudice to the defendant resulting from that error.” Jones v. State, 119 S.W.3d 766, 777 (Tex. Crim. App. 2003) (quoting U.S. v. Po- lanco, 93 F.3d 555 , 562-63 (9th Cir. 1996)). 5 By applying the wrong harm standard Avelar-Rodriguez has inadequately briefed constitutional harmless error.

2025The Supreme Court held that “the use for impeachment purposes of [defendant]’s silence, at the time of arrest and after receiving Miranda warnings, violated the Due Process Clause of the Fourteenth Amendment.” Id. at 619 .

2023“The United States Supreme Court held in Doyle v. Ohio that the federal Due Process Clause prohibits the cross-examination of a defendant concerning his silence after he has been arrested and given Miranda warnings.” Id. (citing 426 U.S. 610, 619, 96 (1976)) (emphasis added).

2019Appellant argues that the officers conducted a “two step custodial interrogation . . . without benefit of proper Miranda warnings.” See Martinez v. State, 272 S.W.3d 615, 626 (Tex. Crim.

2018App. 2016) (explaining that a “two-step” or “question first, warn later” interrogation occurs when a suspect is interrogated without receiving Miranda warnings, a confession is obtained, the suspect is given the Miranda warnings, and the suspect 8 repeats the confession); Martinez v. State, 272 S.W.3d 615, 626 (Tex. Crim.

2026See California v. Beheler, 463 U.S. 1121, 1125 (1983) (“Miranda warnings are not required ‘simply because the questioning takes place in the station house, or because the questioned 38 person is one whom the police suspect.’”) (quoting Oregon v. Mathiason, 429 U.S. 492, 495 (1977).

2025See Oregon v. Mathiason, 429 U.S. 492, 495 (1977) (“Any interview of one suspected of a crime by a police officer will have coercive aspects to it . . . [b]ut police officers are not required to administer Miranda warnings to everyone whom they question.”).

2026For example, under Miranda and Article 38.22, physical fruits of a statement cannot be suppressed, and there is an “impeachment” exception for the statements themselves.27 Thus, we have tacitly recognized that Article 38.23, which admits of neither of these exceptions, is a blunter instrument than the more finely-tuned Miranda doctrine. 24 Contreras v. State, 312 S.W.3d 566, 580-81 (Tex. Crim. App. 2010) (discussing and quoting from Baker v. State, 956 S.W.2d 19, 24 (Tex. Crim. App. 1997)). 25 Id. at 582 (“Since the failure of police officers to honor the invocation of rights under Miranda is

2026Baker v. State, 956 S.W.2d 19, 24 (Tex. Crim. App. 1997); see also Henderson v. State, 962 S.W.2d 544, 553 (Tex. Crim. App. 1997) (“As for the Miranda rule, it does not actually prohibit law enforcement officers from eliciting statements without the appropriate warnings; the rule merely prevents the admission of such statements into evidence.”) We explored this rule in Contreras v. State, 312 S.W3d 566, 580-83 (Tex. Crim. App. 2010).

2026“Persons temporarily detained for the purposes of an investigation are not ‘in custody’ for Miranda purposes, and the right to Miranda warnings is not triggered during an investigative detention.” Hauer, 466 S.W.3d at 893 (citing Berkemer v. McCarty, 468 U.S. 420, 439-40 (1984)).

2019See Herrera, 241 S.W.3d at 526 (requiring no Miranda warnings before custodial interrogation); Kuether, 523 S.W.3d at 808 (requiring no Miranda warnings for temporary detention prior to arrest); Hauer v. -3- State, 466 S.W.3d 886, 893 (Tex. App.—Houston [14th Dist.] 2015, no pet.) (citing Berkemer v. McCarty, 468 U.S. 420, 440 , (1984); State v. Stevenson, 958 S.W.2d 824, 829 (Tex. Crim. App. 1997)).

2024Brown v. Illinois, 422 U.S. 590 , 603-04 (1975); Martinez v. State, 620 S.W.3d 734 , 741 (Tex. Crim. App. 2021) (“A confession may be voluntary for Fifth Amendment purposes in that Miranda warnings were given and understood, but that is not sufficient to purge the taint of an illegal arrest.”).

2021Brown Acarefully differentiated between the Miranda warnings, which are a procedural safeguard employed to protect Fifth Amendment rights against the compulsion inherent in custodial surroundings, and the exclusionary rule as utilized to effectuate the interests of the Fourth Amendment.@ Bell, 724 S.W.2d at 788 (citing Brown, 422 U.S. at 602 ).

2019See New York v. Quarles, 467 U.S. 649 , 655– 57 (1984) (public safety exception); Illinois v. Perkins, 496 U.S. 292, 294 (1990) (Miranda warnings not required because suspect unaware he or she was dealing with state officials); Alford v. State, 358 S.W.3d 647, 660 (Tex. Crim.

2018“In reviewing a trial court’s ruling on a Miranda-violation claim, an appellate court conducts a bifurcated review: it affords almost total deference to the trial judge’s rulings on questions of historical fact and on application of law to 3 Appellant mistakenly asserts this interview took place on September 22, 2015. 4 384 U.S. 436 (1966). 12 fact questions that turn upon credibility and demeanor, and it reviews de novo the trial court’s rulings on application of law to fact questions that do not turn upon credibility and demeanor.” Alford v. State, 358 S.W.3d 647, 652 (Tex. Crim.

2024“When a state-agency employee is working on a path parallel to, yet separate from, the police, Miranda warnings are not required.” Id.

2024The Court also recognized, however, that “if the once-parallel paths of the [DFPS] and the police converge, and police and state agent are investigating a criminal offense in tandem, Miranda warnings and compliance with article 38.22 may be necessary.” Id.

2022See Carter, 309 S.W.3d at 41 (“Once a determination has been made that the pre-warning questioning was not part of a deliberate plan to undermine a suspect’s Miranda protections, it is still necessary to determine if [defendant]’s post-warning statements were voluntarily made.”); Foster v. State, 579 S.W.3d 606, 612 (Tex. App.—Houston [14th Dist.] 2019, no pet.) (noting that when defendant receives midstream Miranda warnings and moves to suppress his post-Miranda statements, threshold determination is whether two-step, “question first, warn later” strategy was deliberately employed, and if it

2019Where the two-step tactic is not deliberately employed, “a suspect who has once responded to unwarned yet uncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings.” Oregon v. Elstad, 470 U.S. 298, 318 , 105 S.Ct. 1285, 1298 , 84 L.Ed.2d 222 (1985); Carter, 309 S.W.3d at 36 .

2020“More generally, the Miranda rule ‘does not require that the statements [taken without 40 complying with the rule] and their fruits be discarded as inherently tainted.’” Id. at 639 (internal citations omitted).

2020“More generally, the Miranda rule ‘does not require that the statements [taken without 40 complying with the rule] and their fruits be discarded as inherently tainted.’” Id. at 639 (internal citations omitted).

2020See Bible, 162 S.W.3d at 241–42 (holding that two interrogation sessions less than three hours apart were part of single interview, despite fact that different officers conducted questioning during each session and each session focused on different sets of crimes, when same officers were present during both sessions); Jones, 119 S.W.3d at 773 n.13 (noting that “‘the mere passage of time’ 18 does not, by itself, automatically obviate prior Miranda warnings” and suggesting that subsequent interrogation occurring several days after receipt of Miranda warnings would have been constitutional if int

2006Maguire v. United States, 396 F.2d 327, 331 (9th Cir.1968) (holding that warnings given three days prior not too remote when same offense and different officer); Gorman v. United States, 380 F.2d 158, 164 (1st Cir.1967) (holding that repetition of Miranda warnings before requesting consent to search unnecessary because there is “no reason in policy or precedent automatically to borrow a procedure adapted to one set of constitutional rights at one stage of a criminal proceeding and apply it to a quite different right, serving quite different purposes, at another stage”); See Bagley, 509 S.W.2d

2026See Bible, 162 S.W.3d at 242 . 8 In Ex parte Bagley, the defendant was taken from his jail cell, given Miranda warnings, questioned, and returned to his cell.

2024Powell, 559 U.S. at 60 ; see Duckworth, 492 U.S. at 202 (“fully effective equivalent” of warnings listed in Miranda is sufficient); Prysock, 453 U.S. at 360 (Miranda warnings “or their equivalent” will suffice); see also Bible v. State, 162 S.W.3d 234, 240 (Tex. Crim. App. 2005) (“fully effective equivalent” of statutory warnings outlined in Art. 38.22 will suffice).

2020Yet, “[a]n officer’s obligation to administer Miranda warnings attaches . . . ‘only where there has been such a restriction on a person’s freedom as to render him “in custody.”’” Stansbury v. California, 511 U.S. 318, 322 (1994) (per curiam) (quoting Oregon v. Mathiason, 429 U.S. 492, 495 (1977) (per curiam)).

2018A. Standard of Review “An officer’s obligation to administer Miranda warnings attaches . . . ‘only where there has been such a restriction on a person’s freedom as to render him “in custody.”’” Stansbury v. California, 511 U.S. 318, 322 (1994) (quoting Oregon v. Mathiason, 429 U.S. 492, 495 (1977) (per curiam)).

2024Rhode Island v. Innis, 446 U.S. 291, 300 , (1980) (“It is clear therefore that the special procedural safeguards outlined in Miranda are required not where a suspect is simply taken into custody, but rather where a suspect in custody is subjected to interrogation.”); Carter v. State, No. 01-17-00159-CR, 2018 WL 5259895 , at *3 (Tex. App.—Houston [1st Dist.] Oct. 23, 2018, no pet.) (mem., not designated for publication) (“There is no requirement that Miranda warnings be given immediately but only that they be given prior to custodial interrogation.”).

2014See Innis, 446 U.S. at 300 (noting that Miranda warnings only required during custodial interrogation); Alford, 358 S.W.3d at 653 .

2009See Little, 758 S.W.2d at 566 (three Miranda warnings); Bell, 724 S.W.2d at 785-86 (at least four warnings); Self, 709 S.W.2d at 666 (three warnings); Weems, 167 S.W.3d at 359 (at least three warnings).

2009See Little , 758 S.W.2d at 566 (three Miranda warnings); Bell , 724 S.W.2d at 785 B 86 (at least four warnings); Self , 709 S.W.2d at 666 (three warnings); Weems , 167 S.W.3d at 359 (at least three warnings).

2026App. 2012). “[T]he Fifth Amendment right to interrogation counsel is triggered by the Miranda warnings that police must give before beginning any custodial questioning.” Id. at 71 . “[T]he Miranda right to counsel—with all of its prophylactic protections—becomes ripe for invocation only after (1) Miranda warnings have been given while the suspect is in custody or (2) if custodial Miranda warnings have not been given, when custodial interrogation begins.” State v. Johnson, 707 S.W.3d 256 , 262 (Tex. Crim.

2026App. 2012). “[T]he Fifth Amendment right to interrogation counsel is triggered by the Miranda warnings that police must give before beginning any custodial questioning.” Id. at 71 . “[T]he Miranda right to counsel—with all of its prophylactic protections—becomes ripe for invocation only after (1) Miranda warnings have been given while the suspect is in custody or (2) if custodial Miranda warnings have not been given, when custodial interrogation begins.” State v. Johnson, 707 S.W.3d 256 , 262 (Tex. Crim.

2022The Brown Court, however, “carefully differentiated between the Miranda warnings, which are a procedural safeguard employed to protect Fifth Amendment rights against the compulsion inherent in custodial surroundings, and the exclusionary rule as utilized to effectuate the interests of the Fourth Amendment.” Id. (quoting Bell v. State, 724 S.W.2d 780, 788 (Tex. Crim.

1987Although the arrest and the confession occurred close in time, the repeated giving of Miranda warnings, and the opportunity to retract or clarify any statements appellant made, constituted intervening circumstances that mitigate the significance of this “temporal proximity.” See Self v. State, 709 S.W.2d 662, 666 (Tex.Crim.App.1986) (noting that appellant was given Miranda warnings three times); but see Bell v. State, 724 S.W.2d 780, 788 (Tex.Crim.App.1986) (noting that fourth amendment violations cannot be cured merely by administering Miranda warnings).

2024JOHNSON — 9 such as a matter of sound policy.”29 In answering that question “no,” the Court observed, “If a suspect does not wish to communicate with the police except through an attorney, he can simply tell them that when they give him the Miranda warnings.”30 The Supreme Court found it significant that the interrogations in McNeil were about offenses other than the one on which the bail hearing was held because the Sixth Amendment right to counsel is offense specific while the Miranda right to counsel is not.31 Under Michigan v. Jackson,32 an attempt to interrogate McNeil on the offense that

2024JOHNSON — 9 such as a matter of sound policy.”29 In answering that question “no,” the Court observed, “If a suspect does not wish to communicate with the police except through an attorney, he can simply tell them that when they give him the Miranda warnings.”30 The Supreme Court found it significant that the interrogations in McNeil were about offenses other than the one on which the bail hearing was held because the Sixth Amendment right to counsel is offense specific while the Miranda right to counsel is not.31 Under Michigan v. Jackson,32 an attempt to interrogate McNeil on the offense that

2015Id. at 492–493; see also Patterson v. Illinois, 487 U.S. 285, 296 (1988)(holding Miranda warnings sufficient to adequately inform defendant of Sixth Amendment rights for the purposes of knowingly and intelligently waiving those rights, in addition to consequences that may occur if said rights are abandoned).

2011A waiver will be voluntary, knowing, and intelligent when the suspect is admonished with the Miranda warnings, “apprised of the nature of his Sixth Amendment rights, and of the consequences of abandoning those rights....” Id. at 296, 108 S.Ct. 2389 .

2026“The prophylactic Miranda warnings are ‘not themselves rights protected by the Constitution but [are] instead measures to [e]nsure that the right against compulsory self-incrimination [is] protected.’” Duckworth v. Eagan, 492 U.S. 195, 203 (1989) (first and third alterations in original) (quoting Michigan v. Tucker, 417 U.S. 433, 444 (1974)). 4 punishing those who violate the law,”’ [McNeil, 501 U.S. at 181 ].” Shatzer, 559 U.S. at 108 (citations omitted).

2021The Miranda warnings are “‘not themselves rights protected by the Constitution but [are] instead measures to insure that the [suspect’s] right against compulsory self-incrimination [is] protected.’” New York v. Quarles, 467 U.S. 649, 654 (1984) (quoting Michigan v. Tucker, 417 U.S. 433, 444 (1974)).

2019However, “[t]he warnings required by Miranda and article 38.22 are intended to safeguard a person’s privilege against self-incrimination during custodial interrogation.” Gardner v. State, 306 S.W.3d 274, 294 (Tex. Crim. App. 2009) (emphasis added); see Herrera v. State, 241 S.W.3d 520, 525 (Tex. Crim. App. 2007) (explaining that Miranda warnings 12 “safeguard an uncounseled individual’s constitutional privilege against self-incrimination during custodial interrogation”).

2016Gardner v. State, 306 S.W.3d 274, 294 (Tex. Crim. App. 2009). “[B]eing the ‘focus’ of an investigation does not necessarily render a person ‘in custody’ for purposes of receiving Miranda warnings or those required under article 38.22 of the Code of Criminal Procedure.” Id. at 293 .

2015App. 2000); Guzman, 955 S.W.2d at 89 . 7 Facts Showing Error: Here, during Beham’s custodial interrogation, Detective Giddens read Beham his Miranda warnings and then asked if he wanted to talk.

2013Analysis The State frames the issue for review as, "Whether the video and audio recordings of field sobriety tests and testimony regarding same are admissible as evidence when the peace officer did not give the suspect Miranda warnings prior to speaking with the suspect." Disagreeing, appellee believes the question is "whether the Trial Court erred in granting her suppression motion, a somewhat broader question than the issue addressed by the State." In reviewing the ruling of a trial court's motion to suppress evidence, we give "almost total deference to a trial court's determination of the h