QUESTION
Can a cop handcuff you and not read you your rights and take a mug shot for a driving on while supsended
Asked on May 27th, 2014 on Civil Rights - New Jersey
More details to this question:
Cop pullled me over asked for my paper work. When he came back to my car he said that my licenses was suspended and proceeded to handcuff me. When I arrived at the police station, he handcuffed me to bench and took a mug shot photo. When I asked why was he taking a photo he told me that it was part of booking. I then mentioned to him that he never read me my rights and he gave me a crazy look. So I said to him that he was suppose to read me my rights. He then gave me two tickets one for tinted windows and the other for driving while suspended. He told me that I was free to go and to keep the tickets in my car in case I was to get pulled over again. My car was never towed and he never did fingerprints
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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the 'miranda rights' are triggered by the officer asking you questions after you have been arrested. the issue is the 'arrest' and the 'questioning' thereafter. in traffic violations, the police often do not record the 'stop' as an arrest. if this is deemed to be an arrest, what questions were asked of you after the arrest ? the remedy is to have these answers excluded from the trial. you would not go to trial on these charges unless you have a defense to the charges and want to spend money. the focus should be upon 'fixing' the suspension and the tinted windows. we can help. ed dimon, esq, 732-797-1600 ext 235.
Answered on May 27th, 2014 at 5:52 PM