MIranda Rights.?

Question

I was pulled over, put in the rear of squad car in cuffs. AFTER searching my car (to be towed for expired tags) the officer has me clean out my vehicle. After thats finished he begins to read me my Miranda rights prior to my signing the paper in front of me while he spoke. I asked him if i was being arrested (since he was reading me my rights) then he replied "you already were arrested when I put you in the back of the car". So why was I not read my rights between that moment, the 20 minutes he searched my car and found "cannabis", the 15 minutes It took for me to collect my car's valuables, and the next moment when the ticket signing was due? If he clearly stated I was arrested 45-60 minutes prior, why did he not read my rights until the ABSOLUTE last moment? After I signed off he sent me on my way walking home. He also listed my SILVER/GREY trans am as "tan", listed me as Hispanic (im white) posted me as speeding without direction or device use, and misplaced the date and time of day

IF THERE IS ANY WAY TO PUT A COPY OF MY TICKET ON HERE I WILL GLADY DO SO. I am very upset because I was told when I was initially pulled over that it was because I was "taking corners a bit rough there". I SAW HIM BEHIND ME FOR 3 MINUTES I WASN'T SPEEDING OR ANYTHING. I've already learned me lesson when it comes to speeding etc. My friend said to get his police report, should I also contact a lawyer?

The ticket does not have my SS# on it.

Answer 1

I am not sure that the delayed reading of miranda rights will help you in the case. The officer did not search your car based on something you said. The officer probably already had probable cause to do the search. Even if the officer did search based on something you said, it would still probably be admissable. What would not be admissable (well probably not) is whatever you said before you were advised of your rights. Miranda rights are not the "get out of jail free" card that some people believe them to be.

Now, with a good attorney, you might be able to get something done. If this police officer was as inefficient and clumsy in the investigation that you say, it might be possible to have evidence tossed out. However, you will need an attorney to look the facts over carefully to figure out if this is possible. An attorney that you actually pay for will be what you need. A lot of court appointed attornies will just have you plea bargain. It saves them time and work you know.

Answer 2

Any time you are arrested after being pulled over, the car is searched. A 'search incident to an arrest' does not require a warrant. The fact that you were actually arrested for expired tags, tell me you are leaving something out. No officer will actually arrest you for expired tags unless they are sure something else is going on. As for the Miranda warning, until they question you, it is not possible to violate your 'Miranda rights'. Personally, I don't think they should have to read you the rights at all. As long as you rights are not violated, you should know what they are.

Answer 3

as long through fact the officer has a minimum of lifelike suspicion (through fact in all hazard reason is greater suitable than lifelike suspicion) that the suspect commited the crime the officer does not ought to answer the suspect as to what he's being arrested for. yet as quickly through fact the 2d the officer is putting on the cuffs he ought to study the suspect the Miranda rights. If the officer does not study the rights to the suspect then even though the suspect says for the duration of interrogation is purely no longer utilized in courtroom and could be thrown out. yet by no ability does the guy have a extraordinary to stand as much as arrest or the officer will slap much greater fees on the suspect.

Answer 4

My Brother is a Police Officer with 11 years experiance.
I have done a lot of Ride-alongs with him and every time he has had to arrest at least one person each time I rode with him.
Not one of those times have I ever seen him read the Miranda Warnings to those he arrested. I asked him about this and he answered me exactly the same as "Mickeysco" above.

Too many people get their Idea of law enforcement from watching too much TV.

The Miranda Warning is not a requirement of arrest, but a requirement of interrogation.

If you are getting arrested on evidence rather than investigative questions, you dont have to have your Miranda rights read to you on arrest. That is a Myth perpetrated by TV shows.

As to the rest of your Anti-cop rant. Thats all it is. an Anti-cop rant by some lil warrior Hood who thinks he's bigtime.

Answer 5

The Miranda Warning is not required to be read to the suspect until the suspect is about to be questioned as a suspect in a criminal investigation. Simply put, the officer didn't read you your rights as soon as you were arrested because he didn't have to, and he didn't intend to question you until after he searched your car. When it came time to question you, he advised you of your rights.

Sorry to break this to you, but the officer broke no law. He did everything by the book. Don't believe everything you see on TV as being the way it is in real life.

Answer 6

If you were under arrest, why were you allowed to walk home? Sounds more like a dope smoking loser whining about the cops here to me. If you spent your money on keeping your car legal, the cops wouldn't have a reason to find your weed.

Answer 7

An Officer can arrest you and NOT read you the miranda rights. they only come into play if he asks you any questions about the arrest.

Answer 8

I don't believe there is a time limit for reading you your rights. As long as they do it within the first day or so that you are in custody. If the officer had not done it someone else would have if and when you were taken to jail.

Answer 9

One if you were arrested you still would be in custody, two, they didnt have a warrant but used probable cause to search your car, you possibly have a case but since a controlled substance was found in your person or vechile, you dont have a chance
(Mapp v. Ohio)

Answer 10

THEY DON'T HAVE TO READ YOU YOUR RIGHTS UNTIL THEY BEGIN TO QUESTION YOU AFTER YOU BEEN DETAINED/ARRESTED.

THEY CAN SEARCH YOUR CAR FOR ANY PROBABLE CAUSE THIS MEANS WHEN THEY ASKED YOU IF YOU CARED IF THEY SEARCHED YOUR CAR & IF YOU WOULD HAVE SAID NO THEY STILL COULD HAVE SEARCHED IT IF THEY HAD PROBABLE CAUSE. IF THEY NOTICED ANYTHING WITHIN THE IMMEDIATE AREA OF WHERE YOU WHERE THIS COULD HAVE GIVEN THEM PROBABLE CAUSE.

THE NAME, RACE, WEIGHT, COLOR OF VEHICLE & ETC ON THE TICKET DOESN'T REALLY MATTER AS LONG AS THEY HAVE YOUR SOCIAL SECURITY # OR WHEN THEY VERIFY WHO YOU CLAIM TO BE. THEY HAVE ALL THAT INFORMATION ON THE POLICE CAMERAS THAT ARE MOUNTED TO THEIR CARS.

GOOD LUCK.