QUESTION
Can a police officer make you get in their vehicle without being arrested?
Asked on Aug 15th, 2013 on Criminal Law - California
More details to this question:
It legal to not have your rights read and not having a warrant present at the time of the arrest?
4 ANSWERS
Michael J. Breczinski
No if they are making you get in their vehicle, do it. They only need a warrant if the crime did not happen in their presence. They only have to read Miranda if after arrest they want to interrogate you.
Answered on Aug 16th, 2013 at 1:17 PM
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies.
Answered on Aug 16th, 2013 at 1:09 PM
Thomas Edward Gates
You can be placed in his car without being arrested. They want you away form the scene so that they can conduct their investigation.
Answered on Aug 16th, 2013 at 10:35 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
In short yes. For example, if the officer has probable cause to pull your vehicle over, then suspects that you may be under the influence of alcohol or drugs, he can begin a DUI investigation (which can include field sobriety tests done outside of your vehicle). To answer your second question, an arrest can be made without a warrant. For example, you can be arrested for DUI without an arrest warrant. You can also be arrested without your miranda rights being read. Although if this happens, your attorney may be able to suppress statements made after the arrest.
Answered on Aug 16th, 2013 at 12:28 AM