Criminal Law/Miranda Rights.

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Expert: - 4/1/2008


Question
I understand that with a criminal citation, miranda rights only need to be read if an interrogation takes place, but I was wondering what constituted an interrogation? Last night I was pulled to the side of the car and received a paraphenalia charge in the form of a citation from a maricopa county sherrif here in Arizona. Among the questions he asked me were the contents of my car prior to his search, and he also persistently asked me where it was that I got my marijuana. He kept at this question for a long time, and also asked me about the paraphenalia items, my use of them, including my most recent use and whether or not I was high at the time (which I was not). All of this occured without the reading of my miranda rights. Then he left me with a criminal citation and my car in dissaray. It took me 30 minutes on the roadside after he left to locate my keys, which were thrown around out of order like everything else. I was wondering if there was any justification to contest this based on the situation. Thank you!

Answer
Taylor,

   The courts have held for a long time that a defendant only needs to be advised of his right to silence when he has been arrested and that any confession or statement that he might make during interrogation is intended to be used against him at his trial.  

   In your question I don't see where you said anything that would be incriminating and might be used at your trial if you chose to stand trial.  So to make a long story short there would have been no need to read you any rights.  But if you did confess to anything that constituted a criminal offense then your attorney could possibly choose to contest the admission of your statements in the case against you.  

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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