Managing Attorney
One of the most common misconceptions in criminal cases is the idea that “if the officer didn’t read me my rights, the case should be dismissed.” While there is some truth to the importance of Miranda rights, the law is more nuanced—and whether a violation affects your case depends on several key factors.
This post clears up the confusion by explaining what Miranda rights actually require, when they apply, and how Article 38.22 of the Texas Code of Criminal Procedure plays a role in excluding statements obtained illegally.
What Are Miranda Rights?
The Miranda warning is a constitutional safeguard meant to protect your Fifth Amendment right against self-incrimination during a custodial interrogation. The warning includes:
“You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to a lawyer. If you cannot afford one, one will be appointed to you.”
Police are only required to give this warning when two conditions are met:
- You are in custody, and
- You are being interrogated.
What Counts as “Custody”?
Custody for Miranda purposes doesn’t only mean formal arrest. Texas courts have held that the test is whether a reasonable person would believe they are deprived of their freedom of movement in a significant way, such that they are not free to leave.
Under Texas law, custody may also include situations where:
- Police have probable cause to arrest but intentionally delay the arrest to avoid triggering Miranda (see Dowthitt v. State, 931 S.W.2d 244 (Tex. Crim. App. 1996)).
- A person is being questioned in a police-dominated environment, such as a stationhouse or during a lengthy, accusatory on-scene interview.
- The tone, duration, and setting of the encounter would lead a reasonable person to feel detained.
In short, custody can exist before formal arrest—especially if the police have probable cause to arrest and are just delaying the process. Courts look at the totality of the circumstances to determine whether a person was in custody.
What Counts as “Interrogation”?
Interrogation includes both direct questioning and its functional equivalent—any words or actions the police should know are reasonably likely to elicit an incriminating response. This includes:
- Asking about specific facts of the alleged offense
- Presenting supposed evidence to provoke a reaction
- Engaging in emotionally manipulative tactics to obtain a statement
However, basic questions for booking purposes (like name or date of birth) are not considered interrogation under Miranda.
What Is Article 38.22 of the Texas Code of Criminal Procedure?
While Miranda is a federal rule, Texas provides additional statutory protections through Article 38.22 of the Texas Code of Criminal Procedure. This article governs the admissibility of custodial statements and adds procedural requirements beyond Miranda, including:
- Electronic recording requirements: Oral statements made during custodial interrogation must be recorded in most felony cases. If not recorded, the statement may be inadmissible.
- Voluntariness: The statement must be shown to be voluntary, and the burden is on the State to prove this.
- Written warnings: The officer must give written or recorded warnings that substantially comply with Miranda before a written or recorded statement is admissible.
- Warnings must be knowingly, intelligently, and voluntarily waived: If the waiver was not valid, the statement may be excluded.
Under Article 38.22, Sec. 6, even if Miranda wasn’t violated, a statement may still be excluded if it was obtained through coercion, threats, or improper inducement. This makes 38.22 a powerful tool for challenging the admissibility of statements in Texas.
What Happens If the Police Don’t Read You Your Rights?
If a suspect was in custody and subject to interrogation, and the police failed to give proper Miranda or 38.22 warnings, then:
- The statement may be suppressed—meaning it cannot be used against you at trial
- Any evidence derived from that statement may also be inadmissible (this is called “fruit of the poisonous tree”)
- However, the case itself is not automatically dismissed
The impact of the suppressed statement depends on the role it plays in the prosecution’s case. Here are a few examples:
- In a Houston theft case, if the only evidence is a confession obtained during an un-Mirandized custodial interrogation, the case may collapse if the statement is suppressed.
- In a prostitution sting, even if a confession is excluded, undercover officer testimony or surveillance may still support prosecution.
- In a simple assault case, if a statement like “I hit her, but it was in self-defense” is excluded, it could limit the defense’s options or the prosecution’s case, depending on how it was used.
Bottom Line
Police do not have to read you your rights the moment you are detained—but they do have to Mirandize you before any custodial interrogation. In Texas, Article 38.22 provides even more protection by requiring proper warnings, a valid waiver, and a voluntary statement.
Talk to a Board-Certified Criminal Defense Attorney Today
If you believe your rights were violated during police questioning in the Houston area, don’t leave your case to chance. Jose Ceja is a former prosecutor and Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by fewer than 5% of criminal attorneys in Texas. He has successfully defended clients in cases ranging from theft and assault to high-stakes felony charges.
At Ceja Law Firm, we have the knowledge and experience to challenge improper police conduct and fight for your freedom. Call us today for a free consultation.
