The appellant, who was convicted of theft, claims there was an agency relationship between a loss-prevention officer and law enforcement, and thus a written confession obtained by the loss-prevention officer was inadmissible under Texas Code of Criminal Procedure Article 38.22. To determine if an agency relationship exists, three factors should be considered: 1. the relationship between the police and the potential police agent, 2. the interviewer's actions and perceptions, and 3. the defendant's perceptions of the encounter. The record supports the trial court's decision to deny appellant's motion to suppress the written confession, and the court of appeals did not err in affirming the trial court's denial of the motion to suppress. Court of Criminal Appeals, No. PD-0882-11, 11-07-2012.
Elizondo v. State
Tex. Crim. App.
November 8, 2012
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