What do you do if a police officer arrested you but did not read you your rights?

I was arrested for a drug controlled substances. The officer had me get out of the car and he had me turn around, handcuffed me and put me in the back of the cop car. They searched my car found nothing else then proceeded to take me to jail without reading my rights, however, it was just him and I. Do all cop cars have front window video. Also, what do I do to use it for evident in my case. Have my lawyer request for it to be watched?

Asked on August 17, 2018 under Criminal Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, the Miranda warning need only be read if a person is taken into custody and then questioned. Accordingly, if they were questioned before their arrest, that would be permissable. If they were questioned after their arrest, then any information given by the arrestee could not be used against them. However, asking questions incidental to the booking process is permitted (i.e. name, address, date of birth, etc.). As for video, that depends on the specific police department. At this point, you should consult directly with a local criminal law attorney who can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, the Miranda warning need only be read if a person is taken into custody and then questioned. Accordingly, if they were questioned before their arrest, that would be permissable. If they were questioned after their arrest, then any information given by the arrestee could not be used against them. However, asking questions incidental to the booking process is permitted (i.e. name, address, date of birth, etc.). As for video, that depends on the specific police department. At this point, you should consult directly with a local criminal law attorney who can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, the Miranda warning need only be read if a person is taken into custody and then questioned. Accordingly, if they were questioned before their arrest, that would be permissable. If they were questioned after their arrest, then any information given by the arrestee could not be used against them. However, asking questions incidental to the booking process is permitted (i.e. name, address, date of birth, etc.). As for video, that depends on the specific police department. At this point, you should consult directly with a local criminal law attorney who can best advise you further.


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