as ruled inadmissible, Chad would not normally have been interviewed by a narcotics officer. However, Chad was arrested in the first place for aggravated assault, and certainly would have been interviewed at the jail by some officer. There is no reason to suppose that only the circumstance of being interviewed by a narcotics officer led to his admission to Thelma's murder. In any case, had Officer Smith not found the crack cocaine, it should have been found when Chad was booked into the jail.
Chad was duly provided his Miranda warning before being interviewed at the jail. The interviewing officer may therefore testify as to Chad's statement regarding Thelma's murder, while any specifics he provided may be used in further investigation of that crime. The interview does not, however, stand as equivalent to a signed statement of confession under Texas law. Such a statement must, on its face, show specific elements that go somewhat beyond the federal Miranda standard, and which are not indicated in the statement of facts. In general, however, the statement of facts indicates that proper procedures were followed in each phase of the response and investigation of Chad.
Issues raised by search and siezure:
In this case, an Officer Jones responded to a report of a breaking and entering and theft in a dormitory-style suite of (at least) two bedrooms and a living room. On investigating the bedroom in which the alleged theft had occurred, he found no probable cause to believe that a crime had been committed. However, he then observed evidence of marijuana through the open door of the other bedroom, investigated, confiscated a marijuana-like substance, and arrested a suspect, Frank Platt.
The facts as presented show no definite sign of an illegal search and seizure by Officer Jones. However, these facts present so many unusual circumstances and so much ambiguity that it is highly questionable whether the district atto...