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TX14: "your fall partner has given you up" led to confession and attenuated the taint

By John Wesley Hall, Jr.

Multiple Miranda warnings are not required to purge the taint of an illegal arrest. Here, the defendant took a bathroom break and was told when he came out that "your fall partner has given you up." Then he confessed. That was the cause of his confession. Monge v. State, 2009 Tex. App. LEXIS 162 (Tex. App. – Houston (14th Dist.) January 13, 2009): [T]he first factor of Brown v. Illinois requires multiple Miranda warnings. The fact that repeated warnings may have been sufficient in other cases does not necessarily mean, in the context of this attenuation analysis, that multiple warnings are mandatory. See Bell, 724 S.W.2d at 788 (asking simply whether Miranda warnings were given); see also Rosalez v. State, 875 S.W.2d 705, 722 (Tex. App...continue to full post

Full post as published by Fourth Amendment on January 18, 2009 (boomark / email).