Can an officer who has a warrant for your arrest pick you up with the sole intention of interrogating you regarding a different crime?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can an officer who has a warrant for your arrest pick you up with the sole intention of interrogating you regarding a different crime?

An arrest warrant is out for me on a misdemeanor drug charge. The police arrest me and immideiatly tell me they are going to question me about a C felony charge. Is this allowed and if a confession comes of it can it be dismissed in court?

Asked on August 5, 2013 under Criminal Law, Indiana

Answers:

Stan Helinski / McKinley Law Group

Answered 8 years ago | Contributor

The basis for the arrest is irrelevant--it's whether there was a custodial interrogation without a Miranda Waiver.  Clearly there was an custody, but it will turn on whether you offered the information or whether you were deliberately asked it and whether the officer read you "your rights," keeping in mind that he may say he did even if he didn't.  

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

If you have been arrested, if the officer intends to interrogate (question) you, the officer is required to inform you of your Miranda rights.  When "in custody", the law requires the officer to place you on notice that you have the right to remain silent, you have the right to have an attorney present with you during questioning, and any statements you make may be used against you in court.  If you are "in custody" and you are questioned without having first been advised of  your Miranda rights, then an attorney can motion for the Court to suppress any of your "in custody" statements.  On the other hand, if you are NOT "in custody" and you make statements, those statements will most likely be admissible in court.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption