More details to this question:
I was handcuffed and placed into a police car for taking a picture of a woman's behind. They asked me multiple questions without reading me my miranda rights. I answered some truthfully and others I stayed silent. They told me I had committed a crime but didn't say which one. They took down all my information then let me go saying I got lucky today. He said a detective will contact me soon and they will try to press charges. so my questions are 1) Since they didn't read me my miranda rights, can my confessions be used in court? 2) If I committed a crime like they said I did, why didn't I get taken to the station? Why didn't they charge me with anything? Why didn't they tell me which law I broke (they didn't mention it to me, I overheard them)? 3) Can they still arrest me after letting me go? Can they create a warrant for my arrest? 4) Do I have to talk to the detective they said would contact me? .. will they press charges?
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The potential charge there is for improper photography. If you were in handcuffs and in the back of a patrol car and you were being questioned, you were under what is referred to as "custodial arrest." In that situation, any responses you gave to direct questions should be inadmissible.
They probably didn't take you to the station at that point because they lacked probable cause to make an arrest, at that point.
Yes, they can still arrest you, if they are able to develop more facts that would add up to probable cause. So, don't help them. If they come to your house and ask for your permission, or "consent," to search, you can (and probably should) say no. If they call and ask you to come in and talk to them you can (and most definitely should) say no.
If they get a search warrant, you'll have no choice but to allow them wherever the warrant gives them permission to go. But, you don't have to help them.
Answered on Feb 12th, 2014 at 10:06 AM