Turner v. State - 14th COA
The defendant's videotaped statements were admissible because they
were the product of an unlawful arrest and the defendant did not waive
his Miranda rights. The videotaped statements were not the product of an unlawful arrest
because the defendant was not in custody at the time he made the
statements. The defendant voluntarily accompanied police to the police
station. He also consented to being handcuffed after being told
numerous times he was not under arrest and the handcuffs were for the
officer's protection. Even though the defendant was not in custody and
waiver of his Miranda rights is therefore not necessary, the
defendant implicitly waived his rights by answering officers' questions
after he read and indicated he understood his rights. Turner v. State, 14-06-01153-CR.
