THREE CHEERS FOR THE LONE STAR STATE

The Bill of Rights, various other provisions of the Constitution, Congressional legislation and Court interpretations of these documents set certain rights that people in the United States enjoy. While a state cannot take away a right guaranteed by the Constitution or the Supreme Court it can grant people who live in the state greater rights than are guaranteed by the Federal government.

For example, in Miranda the Supreme Court ruled that Courts can only use statements made in response to interrogation by a person who was in custody at the time the statement was given if the person was warned that they have a right to remain silent, that anything they say may be used against them, that they have a right to an attorney and that if they cannot afford an attorney an attorney would be appointed for them. There are exceptions to the rule but the generally the rule remains in effect. But states can give greater rights.

For example, under Article 38.22, Section 2(a) of the law of the State of Texas the accused must be warned that:

(1) he has the right to remain silent and not to make any statement at all and that any statement he makes may be used against him at his trial;

(2) any statement he makes may be used as evidence against him in court;

(3) he has the right to have a lawyer present to advise him prior to and during any questioning;

(4) if he is unable to employ a lawyer, he has the right to have a lawyer appointed to advise him prior to and during any questioning; and

(5) he has the right to terminate the interview at any time.

Furthermore, and maybe more importantly, Section 3(a) of the law requires:

First, “an electronic recording” of the statement must be made. (12) Second, “prior to the statement but during the recording the accused [was] given the warning in Subsection (a) of Section 2 . . . and the accused knowingly, intelligently, and voluntarily waive[d] any rights set out in the warning.”

The requirement that the statement be taped is crucial for all. It prevents unnecessary trials when a defendant realizes what the jury is going to hear and encourages guilty verdicts. At the same time it keeps the police honest.

In Nguyen v. Texas The Texas Court of Criminal Appeals ruled on an appeal from the State of Texas in a matter interpreting Article 38.22.

At 4:00 am Dallas Police Officer Vance Johnson stopped a car driven by Nguyen for traffic violations. Michael Sanchez, the owner of the car, was a passenger in the vehicle. Johnson asked for permission to search the vehicle and Sanchez gave him permission. After finding methamphetamine in the car Johnson arrested Sanchez.

Sanchez waived his Miranda rights and told the officer that the methamphetamine belonged to Nguyen. Johnson arrested Nguyen for the traffic violations. Johnson gave Nguyen partial Miranda rights which did not comply with Article 3822 Johnson attempted to interrogate Nguyen but he asserted his right to an attorney. Not surprisingly, Johnson decided not to interrogate Nguyen.

The officers put both men in the back seat of Johnson’s vehicle. Without telling Sanchez and Nguyen their conversation was taped. Sanchez begged Nguyen to take responsibility for the drugs and Nguyen eventually agreed. He called Johnson, but Johnson was too busy searching Sanchez’s vehicle to pay attention.

Johnson returned to the police car. Sanchez told him that the drugs belonged to Nguyen. But Johnson, rightly remembered that Nguyen invoked his Miranda rights and refused to question him. Sanchez said he would not go down for “Nguyen’s shit.” Nguyen stated that he was charged with the same thing as Sanchez. Johnson corrected him and said he was only charged with traffic violations. Nguyen said that the drugs did not belong to either of them. Sanchez started yelling at Nguyen urging him to take responsibility. Johnson went back to searching Sanchez’s vehicle.

Sanchez continued to beg. Nguyen gave in again. Sanchez called Johnson and Nguyen reluctantly told the officer the methamphetamine was his. Sanchez was allowed to get out of the police vehicle. Nguyen was crying. Johnson found an ecstacy tablet in Sanchez’s vehicle. Sanchez was arrest for the ecstacy.

Nguyen was convicted of hindering apprehension. The Fifth Court of Appeals reversed and the state appealed to the Court of Criminal Appeals.

The state argued that since the officer’s violation of section three came prior to Nguyen alleged illegal acts (hindering) the statements should not be excluded. The Court disagreed. Section 3822 is a procedural evidentiary and rule and there is no exception in it for crimes committed after the officer’s violation.

Second the state argued that the statement should be admissible because at the time the statement was given Nguyen was in custody for vehicle violations, not for hindering. The Court found that a person is in custody when either they are arrested or their movement is restricted. Thus even if Nguyen had not been arrested for hindering his movement was restrained and therefore he was in custody.

Finally the state argued that Nguyen’s statements were not offered for the truth of the matter asserted but the plain language of the statute is to the contrary. It says:

“No oral or sign language statement of an accused made as a result of custodial interrogation shall be admissible against the accused in a criminal proceeding unless” the five statutory conditions are met.

The Court of Criminal Appeals confirmed the Court of Appeals decision reversing the conviction.