QUESTION

If I am deaf, at a DUI check point I told officers about a very small amount of pot in the car, shouldn't they have read me my rights?

Asked on Jul 22nd, 2013 on DUI/DWI - Utah
More details to this question:
I was asked to step out of my car, and put hands on trunk, while officer looked in my car. I told him about pot in the car door. When he held up the pipe, he knew I was deaf, and I assumed by his actions he would want to know about anything else in the car. I don't know if I had incriminated myself till after I was booked.
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8 ANSWERS

Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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Miranda rights are required if: 1. You are in custody. 2. You are questioned about the circumstances of the offense while you are in custody.
Answered on Jul 24th, 2013 at 1:30 PM

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Michael J. Breczinski
They do not have to read Miranda rights unless after you are arrested, then they want to interrogate you bout something that could incriminate you.
Answered on Jul 24th, 2013 at 10:59 AM

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If the officer doesn't read your Miranda rights, and then questions you while you are in custody, any evidence after that is inadmissible. The evidence he took before that is admissible.
Answered on Jul 24th, 2013 at 1:07 AM

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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 Jul 24th, 2013 at 1:00 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answered on Jul 23rd, 2013 at 6:55 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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There are several questions that need to be answered before your questions can be properly responded to. In short, there are a few ways that officers can search your car without a warrant. This includes if done incident to a lawful arrest, if you gave consent, or if they had reasonable suspicion to do so. Further, there are certain criteria that need to be met for a proper DUI checkpoint in California. If the DUI checkpoint was not conducted properly, then it may be possible to get the charges dismissed based on that issue. Some of the questions I would ask you would include, why did the officers have you step out of the car and put your hands on the trunk? That is not normal "DUI checkpoint" procedure unless there is some suspicion of a crime (ie. DUI or something else). When and how did they find the pot in your car? Was it in their plain view when they approached your car at the DUI checkpoint? Miranda rights come into play when someone is arrested. If arrested and miranda rights are not read, then statements made after arrest may be able to be suppressed. Often times there is a question as to when the Arrest took place. In your situation, the time of arrest may be arguable, and potentially to your advantage one way or the other. You should speak to a DUI - Criminal defense attorney to discuss your situation in more detail and to clarify exactly how things went down the night of your arrest.
Answered on Jul 23rd, 2013 at 6:03 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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The police don't have to read you your rights before arresting you or searching your vehicle. They only have to read the Miranda rights if they want to question you while in police custody and use your testimony against you in court.
Answered on Jul 23rd, 2013 at 6:01 PM

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Criminal Defense Attorney serving Salt Lake City, UT at Pietryga Law Office
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Usually, when a person states, I was not read my rights! they are referring to their Miranda Warnings/Rights. Miranda Warnings protect people from being compelled in any criminal case to be a witness against themselves.[1] The Miranda Warnings/Rights are: (1) You have the right to remain silent; (2) Anything you say can and will be used against you in court; (3) You have the right to consult with an attorney and have an attorney present during questioning; and (4) If you cannot afford an attorney, one will be provided to you before questioning at no cost to you. [2] However, many people misunderstand when a peace officer is required to give them Miranda Warnings. A suspect is only accorded Miranda protections during a custodial interrogation. Both elements (i.e., custody and interrogation) must be present before the peace officer is required to give Miranda Warnings. That means peace officers are not required to give Miranda Warnings when they are still in the investigatory stage. For instance, a peace officer is not required to give Miranda Warnings when he asks a person suspected of driving under the influence if they have been drinking or asks them to conduct field sobriety tests. This is because the peace officer is still trying to ascertain whether a crime has been committed (i.e., The Investigatory Stage). That said, in Utah, a person is in custody when an individual?s freedom of action is curtailed to a degree associated with a formal arrest. The inquiry is objective, and a person may understand himself to be in custody based either on physical evidence or on the nature of the peace officer's instructions and questions. Utah Courts have set out a five-factor test to determine when a person is in custody for the purpose of Miranda protections. They are: (1) the site of the interrogation; (2) whether the investigation focused on the accused; (3) whether the objective indicia of arrest were present; (4) the length and form of the interrogation; and (5) whether the accused came to the place of interrogation freely and willingly. In Utah, after it has been determined that the accused was in custody, the court must decide whether the accused incriminating statement was the product of interrogation. Interrogation is either express questioning by the peace officers or its functional equivalent. And, it incorporates any words or actions on the part of the peace officers that they should have known were reasonably likely to elicit an incriminating response.
Answered on Jul 23rd, 2013 at 6:00 PM

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