Its the 4th of July and my boyfriend has illegal fireworks. Well the city has a ZERO TOLERANCE ordinance. He lite FIRECRACKERS (not M80's or anything super dangerous) Someone on the block called the police and complained. The police came out in an unmarked car and came walking up the street. He had a couple small credit card size packs in his hand with the lighter. Well, they confiscated them and cuffed him. Escorted him to the car and never read him his miranda rights. They did question him but not at the station. Were his rights violated? I checked the web for info and it said they didnt have to read his miranda rights only if they further interrogated him and he was detained. Any thoughts?
2007-07-04 18:40:22 · 11 answers · asked by A hardworking American 2 in Politics & Government ➔ Law Enforcement & Police
Well, your Miranda was not violated.
As for your boyfriend they saw him lighting fireworks which is in violation of the ordinance. That is probable cause to arrest/cite him for the crime. If they talked to him about the "crime" of lighting fireworks without mirandizing him after handcuffing him and taking him to the station then anything he told them would probably not be admitted into evidence at the trial of the offense charged. However, they don't really need to ask him questions because they saw him doing the deed. They may have just been chatting with him.
If they talked to him at the scene before deciding on arresting him then theoretically his rights were not violated. I wasn't there so I can't be more specific then that based on what you typed.
There are ways around Miranda. For example: if your boyfriend initiates conversation the police can ask clarifying questions about something he said.
I wasn't there so that is about the extent of my two cents.
2007-07-04 18:51:10 · answer #1 · answered by El Scott 7 · 1⤊ 0⤋
Way too many people think wrongly about Miranda. They have seen too much TV or something. Not reading the Miranda warning is not an automatic " Ollie, Ollie, Oceans in free" type deal.
The court may not allow some evidence ( fruits of the poisonous tree) but it doesn't wipe out the arrest or negate the crime.You want magic talismans, then get some wolf bane or string garlic around your neck
2007-07-05 19:39:23 · answer #2 · answered by Ret. Sgt. 7 · 0⤊ 0⤋
You don't specify the nature of the questions that the police asked him, nor did you tell us what if anything he was charged with for possessing the fireworks. The public has a misconception ( mostly from watching TV shows ) about someone being given their rights. Miranda rights are not required to be given in all situations.
2007-07-05 06:16:31 · answer #3 · answered by dwmatty19 5 · 0⤊ 0⤋
No, he does not would desire to study you your rights. All meaning is that any solutions you gave can;t be held against you. yet once you're using on a suspended license then there fairly isn't alot of thinking that desires to happen to show what you have been doing. the two you have been using or you were not. it is why he does not choose Miranda.
2016-09-29 02:40:03 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Were the officers looking for answers from your boyfriend that would lead to self-incrimination? If not, then miranda is not necessary. In this case, it doesn't seem like an interrogation would even be conducted. Officers approached your boyfriend in a public place, contraband (the fireworks) was in plain view (his hand), officers took your boyfriend into custody. I'm assuming there were probably the spent casings from the fire crackers around his person, this isn't gonna require calling in Columbo.
2007-07-04 18:47:13 · answer #5 · answered by Anonymous · 1⤊ 1⤋
In order to make the claim that his Miranda rights were violated, you would have to show that they did not read him his rights and subsequently interrogated him and led him to self-confess to the crime. If his rights were violated, the most that happens is that the confession is not admissible in court. Since they don't need any confession (the fact that they saw him with them is enough evidence to convict), it doesn't make any difference whether they did or not.
2007-07-04 20:39:10 · answer #6 · answered by Anonymous · 1⤊ 0⤋
you didn't state what kind of questions were asked...Officers are allowed to ask for information such as name, address, or contact info. Your boyfriend was caught with the items. He was guilty. Therefor no questions pertaining to the crime truly needed to be asked. I doubt that Miranda was violated in this situation.
2007-07-05 02:58:07 · answer #7 · answered by wfsgymwear 3 · 0⤊ 0⤋
Miranda rights are the law, but he was caught with the evidence in hand. So they were probably just asking him if he was enjoying the weather at that point.
2007-07-04 18:51:26 · answer #8 · answered by mtnman39192000 1 · 1⤊ 1⤋
Nope they don't need to say them at all i dont believe: as i dont believe there is a federal law making it so. I do believe that it is customary to read them before any interrogation begins.
2007-07-04 18:47:14 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Well they got him with the evidence in his hands, so they did not need to question him, he is busted. So what is the penalty where you are at?
2007-07-04 18:52:13 · answer #10 · answered by Augie 6 · 1⤊ 0⤋