What do you do if a police officer arrested you but did not read you your rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 5 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 5 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 5 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.
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.