2007-01-23 12:13:26 · 12 answers · asked by Cindy B 1 in Politics & Government ➔ Law Enforcement & Police
Not unless he was placing you under arrest...
2007-01-23 12:17:13 · answer #1 · answered by nuttin'fancy 5 · 2⤊ 2⤋
I hate to agree with a defense attorney, but John S. is right on the money.
Miranda rights only have to be read to a suspect when they are both (1) in custody and (2) being interrogated. A traffic stop does not place a person "in custody" for Miranda purposes so questioning durig the stop does not have to be under Miranda.
In my 11 year law enforcement career I don't know that I have ever given Miranda rights to a DUI suspect because I do all of my question asking BEFORE they are in custody and, as such, these questions can be asked out of Miranda.
Here is how I do business on a DUI:
(1) Stop the car for some violation.
(2) Make contact with the driver. For purposes of this question I'll assume that there is an odor of alcoholic beverages on the person's breath or some other sign of being possibly DUI.
(3) I have the driver exit the car and I administer standarized Field Sobriety Tests (FST'S). While administering these tests I talk to the driver about what and how much they drank tonight. I asked about medical problems, medications or other conditions that could impair their ability to perform FST's. I document their level of impairment and, finally, ask them to submit to a Prelimary Alcohol Screening breath test.
(4) Once I have completed the above, and gathered the evidence I need to support a DUI charge, I place the person under arrest. At this point, AND ONLY AT THIS PONT, if I was going to ask further investigative questions, Miranda would apply. It DOES NOT apply up to this point. Of course, by this time, I have no need to ask more questions so I don't Mirandize people.
2007-01-23 17:27:40 · answer #2 · answered by James P 4 · 3⤊ 0⤋
Miranda is only needed if you intend to question the suspect in regards to a crime.I never read the driver his rights My observation was enough. As far as a Breathalyzer each state has an implied consent law, which means you cannot refuse the test without other charges being placed.. Remember driving is a privilege not a right . There are no constitutional protections attached to your drivers license
2007-01-24 05:38:56 · answer #3 · answered by watchman_1900 3 · 0⤊ 0⤋
It is amazing how many people will continue to give a wrong answer to this.
An officer is not ordinarily required to give a person Miranda rights based solely upon a traffic detention, so initial questions like "have you been drinking" can be asked without Miranda warnings. After arrest, an officer is required to give Miranda warnings ONLY if he wishes to conduct an interrogation. If there is no interrogation, Miranda is unnecessary.
2007-01-23 12:21:59 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Like the good counselor says, you only have to give the Miranda warning if you are going to conduct an interrogation of the subject. If you aren't going to ask any questions, you do not need to give the Miranda warning. I put many a drunk driver in jail without "mirandizing" them first; I just didn't ask them any questions after I arrested them.
Didn't need to. See my profile for the reasons why.
2007-01-23 12:30:48 · answer #5 · answered by Team Chief 5 · 0⤊ 0⤋
Miranda rights are required (at least in Missouri) after the arrest during the interview portion of the booking process.
The courts have determined that a traffic stop is not "custody" for Miranda purposes, so the officer is not obligated to advise a suspect of his / her rights prior to arrest.
2007-01-23 12:19:38 · answer #6 · answered by Citicop 7 · 3⤊ 0⤋
If you were placed under arrest, then yes - Miranda is mandatory. But if you were drunk, maybe you don't remember them being read to you.
2007-01-23 12:50:36 · answer #7 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
Yes, as soon as they arrest them on suspicion of DUI.
They don't have to do it while they are giving the field sobriety test, only when they take them into custody.
I usually say, "Mr. (or Ms.) ___ ,I am arresting you on suspicion of driving under the influence. You have the right to remain silent..." etc.
2007-01-23 12:18:39 · answer #8 · answered by Anonymous · 1⤊ 2⤋
Yes, Every time a policeman either arrests, writes a ticket or
stops you for any other reason. A cop is to read your rights and
go from there.
2007-01-23 12:55:00 · answer #9 · answered by Williamstown 5 · 0⤊ 1⤋
Nope, nothing you say is going to make a difference, they have you breathalyzer or blood test. If you admit to drinking or not it doesn't matter.
2007-01-23 12:17:42 · answer #10 · answered by Yo it's Me 7 · 0⤊ 2⤋