I was at a pool with my friends and we were drinking.The cops showed up and gave us all an MIC, but when we were getting arressted they never said why we were being arressted and they didn't read us our rights and to add on to that they didn't give any of us any sobriety tests.Is there any possible way that we can get our cases dropped?
2006-09-16 19:16:34 · 16 answers · asked by caitlyn m 1 in Politics & Government ➔ Law Enforcement & Police
Your case will not be dropped because the officer did not read your rights.
The police do not automatically have to read you the Miranda Warning upon arresting you. The officer only has to read it to you AFTER you have been arrested BEFORE he intends to questions you about the crime you are being arrested for. If the officer arrested you and never questioned you about it, then they never had to read you your rights.
If the officer saw you drinking and determined that you were under the legal drinking age, then there would be no need to question you. If the officer chose to, he could give you a sobriety test, but it would be pointless. Minor In Consumption is not about if you are drunk or sober. It is about you being too young and drinking. If you had it in your hand, that is considered proof that you were drinking it. You don't have to be drunk to be in consumption, you just have to be drinking. Sobriety tests are only designed to give evidence of being drunk.
So if the officer saw you drinking, no need for sobriety tests and no need to ask questions after arresting you. You got caught. That's the risk you take when you choose to break the law.
2006-09-16 20:37:49 · answer #1 · answered by RJ 4 · 5⤊ 0⤋
You will not get the case dismissed because the police did not read you the Miranda rights. The only time they are obligated to read Miranda to you is if they are asking you questions designed to ellicit incriminating answers. Example : You are walking down a residential street around the same time the police are investigating a burglary 1 block over. The officer approaches you and asks you what you are doing here. He is asking a generalized question to see if you may be a suspect or not. If you answer "not much, just breaking into that house over there" then you incriminated yourself with what is called a "spontaneous utterance". The officer should stop immediately and read you your Miranda rights but your original utterance will still be admissible. Now if the cop asks you "Did you break into that house over there' Then he should have given you Miranda first because he's looking for you to answer guilty or not guilty.
2006-09-17 07:34:09 · answer #2 · answered by Mike 3 · 0⤊ 1⤋
Watching too much TV. They retrieved there evidence how legally. If your alchol was in plain view thats all they need. Why would they need to read you your rights if they don't even need to ask you questions. Thats like saying the cop found a bag of weed in my pocket but didnt read me my rights so can i get my case dropped?
2006-09-17 15:43:08 · answer #3 · answered by jwurm99 3 · 1⤊ 0⤋
The officers, and the other posters are right no need to read rights just because you are arrested. They only have to notify you of your rights if they want to question you after you are arrested.
I haven't seen a lot of cases dropped, so don't count on that happening.
2006-09-17 08:04:04 · answer #4 · answered by bsure32 4 · 0⤊ 0⤋
First, hire an attorney to answer these questions. Secondly, it is doubtful that the case would be dropped because you didn't receive your Miranda warnings. They are often read in arraignment court. Peace and Good Luck.
2006-09-17 02:19:42 · answer #5 · answered by -Tequila17 6 · 0⤊ 2⤋
You won't get your case dropped because your "rights" were not read to you. They don't have to read them to you just because you got arrested. They only have to read the Miranda warnings (your rights) to you if you are in custody and you are being questioned.
2006-09-17 02:26:39 · answer #6 · answered by AugustMan 3 · 4⤊ 0⤋
Are you a minor?
If not, you better get a copy of the police report and a lawyer!
Whose property were you on and what was the reason they were there! Disturbing the peace?
2006-09-17 02:27:35 · answer #7 · answered by cantcu 7 · 0⤊ 2⤋
Did you sign any papers?
What were they about? one probably stated they read the Maranda Rights to you and if signed you are stuck with that.
never ever sign those papers. How can they take the Maranda rights (about the size of a library dictionary) and shrink them down to fit the back of a bussiness card and you fully understand them ?
2006-09-17 02:26:06 · answer #8 · answered by Robert F 7 · 0⤊ 3⤋
Yes.Even a half asked lawyer could get the case dropped.
2006-09-17 02:25:22 · answer #9 · answered by S.A.M. Gunner 7212 6 · 0⤊ 3⤋
No, you were not arrested for a felony. PD is Officer discretion. witch means if the cop says you are drunk then you are drunk, end of story.
2006-09-17 02:28:02 · answer #10 · answered by Anonymous · 0⤊ 2⤋