Opinion

Cates v. State

  • 776 S.W.2d 170
  • 1989 Tex. Crim. App. LEXIS 126
  • 1989 WL 59560
Court
Court of Criminal Appeals of Texas
Filed
Jun 7, 1989
Status
Published
Author
McCORMICK
On the bench
Duncan, Teague, Campbell, Davis, White
Cited by
39 cases

holding that the evidence gathered by a CPS worker was instrumental to the defendant’s arrest for child abuse

How later courts described this case

  • holding that the evidence gathered by a CPS worker was instrumental to the defendant’s arrest for child abuse
  • Miranda applicable to questioning of defendant in jail by investigator for Dep't of Human Resources for although "she did not have the power to arrest, she was acting as an agent of law enforcement," due to her "responsibility to discover child abuse and report it"
  • incarcerated defendant’s unwarned child abuse confession made to social services worker inadmissible in light of court’s determination that social worker was acting as agent of law enforcement
  • CPS worker will be categorized as an agent of law enforcement if the record establishes "that when the [defendant] made the admissions, the DHR employee was utilizing her capacity so as to accomplish what the police could not have lawfully accomplished themselves"

Written by the judges who cited it.

The opinion

*181 McCORMICK, Presiding Judge,

dissenting.

Believing that the Court of Appeals was completely correct, I would vote that the petition in this cause was improvidently granted.

I must, therefore, dissent to the judgment of this Court.

DAVIS and WHITE, JJ., join this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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