A Recorded Interrogation
Crim. Proc. art. 38.22 — no oral statement from custodial interrogation is admissible unless it is electronically recorded
Recorded, or not admissible. No oral or sign language statement of an accused made as a result of custodial interrogation is admissible against the accused in a criminal proceeding unless an electronic recording is made of it, the warning is given and the rights knowingly, intelligently and voluntarily waived on the recording before the statement, the recording is accurate and unaltered, and the voices on it are identified.
The copy, 20 days ahead. Not later than the 20th day before the proceeding, the defendant's attorney is provided with a true, complete and accurate copy of all recordings of the defendant made under the article.
Kept until the end. Every electronic recording of a statement made during a custodial interrogation is preserved until the conviction is final, all direct appeals are exhausted, or prosecution is barred by law.
The exception. The recording requirement does not apply to a statement containing assertions of facts found to be true that tend to establish guilt, such as the finding of secreted or stolen property or the instrument of the offense.
Strictly construed. The courts strictly construe the recording requirement and may not admit a statement unless the state has satisfied all of it, except as the article itself provides.
Whether questioning was a custodial interrogation, and what follows from a missing recording in a particular case, are questions of fact and law for a licensed Texas attorney. Miranda and the voluntariness of a statement are separate questions this page does not cover.
Sources for this section (1)
- Crim. Proc. art. 38.22 — When an accused person statement may be used
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.