Hardin v. State

BRETT, Presiding Judge,

specially concurs:

While I concur that this conviction should be affirmed, I see no necessity for overruling Spencer v. State, supra. Further, if it is still required that the investigator should advise the person under investigation that a tape-recording is being made of his statement, it should be even more important to advise the person that his statement is being videotaped. Instead of providing as the majority opinion does that, “Law enforcement personnel generally should advise an accused of the use of mechanical recording devices,” I would continue in effect the rule that law enforcement personnel must advise the accused that mechanical recording devices are being used to take a statement. In this respect, this opinion seems to water-down a procedure that has become established practice.'