QUESTION
What if I wasn't read my rights before being arrested?
Asked on Aug 17th, 2013 on DUI/DWI - California
More details to this question:
I didn't have a front license plate, I was making a turn into a shopping center, parked turned off the car and attempted to get out when the officer blocked me in the parking spot and told me to stay in. Proceeded to question me, asked me to get out dud all the DUI tests. Asked me all the questions again (I was driving on a suspended) had .01. I was then arrested (not read my rights) searched by one male officer on the side if the car, no witness, then put in the car to wait 30 minutes for a transport car, where I was then searched again by another male officer. I was then taken to our "safety center". Is there anything I can do?
5 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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He only has to read you your rights after arresting you if he wants to ask you questions and use the answers in court.
Answered on Sep 03rd, 2013 at 6:37 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Could lead to suppression of any against your interest statements u may have made.
Answered on Aug 19th, 2013 at 11:41 PM
James Edward Smith
If they knew you were driving on a suspended license they could have just arrested you and there would be no need to give you your rights. They should of done so but I do not think that you will get out of this on that because they did not even need to question you.
Answered on Aug 19th, 2013 at 9:33 PM
Police don't have to read you your Miranda rights before arresting you. The only reason they will read you your rights is if they want to question you while in police custody and use your testimony against you in court. Police officers don't have to have a witness standing by when they search someone it doesn't matter if you're female and the police officer is male. Police officer has to have reasonable suspicion to pull you over, and in your case, not having a front license plate gave the police officer the required reasonable suspicion. You need to hire an attorney to represent you to take care of these tickets; otherwise, you risk losing your license for a year, plus fines and potential jail time for the Driving While Suspended ticket.
Answered on Aug 19th, 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 19th, 2013 at 12:02 PM