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Yes, The State cops were at my house tonight for questioning over a crime of theft that was commnited up in the U.P of michigan. I was told I was being accused of this crime, when in fact the accuser told me they knew I didn't do it, when the oficers took me out side, they told me to fill out a report, when I said I'd rather have my attorney advise me first, they said I didn't need one for this, as well as they checked my bedroom and searched the house ouse as well, as I was going, as well I wasn't read my mirranda rights, as I have heard it is necessary for them to read me during questiuoning and as well being placed under arrest. What do I do from here? I need all the advice I can get, as I know I didn't do it as I wasn't even around the person who accused me when it came up missing, because their the ones who took me to my bus station to catch the bus home at the time. As well they said it will be sent back up north, then reviewed and then sent to the prosector

2007-01-11 18:19:21 · 4 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

Ok, additional details, do I have to fill out areport as I did, or do I not have to? and what can come of filling one out as well as not filling one out?

2007-01-11 19:47:17 · update #1

4 answers

First thing, Miranda only applies to someone in custody. the test for that is whether a reasonable person in your position would have believed they were free to leave. Second, if Miranda does apply here, the remedy is to exclude the statement and any evidence they received as a RESULT of the statement. Finally, the police are entitled to lie and mislead a suspect, but may not COERCE under any circumstances to obtain a statement.

If you are charged, you should contact an attorney and keep your mouth shut from now on.

2007-01-11 18:31:19 · answer #1 · answered by Anonymous · 0 0

It is not necessary to have you Miranda rights read to while being arrested, but would be necessary to question you if they don't think you know your rights. The fact that you asked for an attorney would suggest to them that you are aware of what your rights are, thus there is no need to inform you of your rights. If someone said they believed you stole whatever was stolen and have it hidden at your house, law enforcement would have probable cause to search your residence. While I would personally still obtain a search warrent if I was the police, to protect my own butt, I think this search probably is legal.

If you didn't do it and the accuser beleives you didn't do it, you probably have nothing to worry about.

2007-01-12 02:28:23 · answer #2 · answered by msi_cord 7 · 0 0

there are many attorneys who will grab cases like this and have fun especially if they think they can get money out of it. your best bet is to call a lwayer's office or email them with the details of what happened and see what they say. also, don't leave out any detail because if they take your case and later found out you lied or misled them, you could end up owing them all the fees that they had to pay.

2007-01-12 03:29:58 · answer #3 · answered by stupid people make me laugh!!! 3 · 0 0

They had no right to search your house unless you permitted them! DO not talk to the mother ******* unless your laywer is present!

2007-01-12 02:29:06 · answer #4 · answered by sunshine090892 2 · 0 0

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