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Sun 20 Jun, 2004 05:41 pm
my 18 yr old was arrested last night in a car with three others trying to find 'the party' of the evening...of course there were a few buds in full view, a pipe on someones lap, a couple of open beers and a case in the trunk.
they were handcuffed, tossed in seperate cruisers and went to the station where they sat in a cell for almost 2 hours still in handcuffs.
they were never read their rights when they cuffed them.
when they booked them in the station 3 hours after being stopped then they read them their rights.
i thought the law stated that at the time of arrest they had to read you you're rights and i assume this is a classic case to be tossed out of court. input and advice would help greatly.
par for the course k,,,i know the boys blew it but i think the cops really blew it.
What were they pulled over for? It sound to me like all this stuff should be thrown out. When I was 18 we frequently had buds and beer in the car and the cops never gave us a glance. Of course, that was 1978, the drinking age was 18 and things were so much better then.
Miranda Warning
The only time a Miranda warning is required is during a custodial interrogation.
The suspect must be in custody (arrested or in a situation where a reasonable person would not believe that he is free to leave) and must be interrogated (questioned for the purpose of illiciting incriminating statements from the suspect).
A violation of the Miranda requirement does not require dismissal of the charges. Generally, a violation is remedied by the suppression of any incriminating statements that were made by the suspect during a custodial interrogation that occurred without the benefit of a Miranda warning.
Based upon evidence in plain sight, the officers had probable cause to arrest your boy and his friends. There was no violation of the fundamental right to be free of unreasonable seizures protected by the fourth amendment.
Your son was held in a cell without being questioned until he was booked. At that time, he was read his Miranda rights. There was no technical violation of any of your boy's rights that are protected and secured by the Constitution.
Your boy should consult with an attorney.
Re: Miranda Warning
Debra_Law wrote:A violation of the Miranda requirement does not require dismissal of the charges. Generally, a violation is remedied by the suppression of any incriminating statements that were made by the suspect during a custodial interrogation that occurred without the benefit of a Miranda warning.
Quite correct. Anything that the kids said prior to being read their Miranda rights can be suppressed, but it sounds like the arrest was based on evidence in plain view, not on incriminating statements. Time to talk to a lawyer.
Mikey. That's a really terrible thing to happen to you on father's day. Nothing can hurt us more than the plight of our children.
If your son has the where-with-all, let him hire his own lawyer, with you standing by to help.
God bless you, Mikey. Just be there for him, and that's about all you can do at this point.
thanks all. i assumed they had to read you your rights at the moment they were arresting you.
the part i don't like is them not being interrogated at all but handcuffed in kept in a cell for that length of time.
it's not a question of the kid's being innocent or not....obvious.
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