Tucson, AZ asked in Criminal Law for Arizona

Q: Did my rights need to be read in this situation?

recently i was riding a dirtbike on the road doing wheelies my bike stalled and they ran to me and got me put me in handcuffs and in back of cop car I was later let go about 40mins from back of the cop car with 3 tickets but never read my rights does that matter at all in that situation at first they even said I'm under arrest still didn't read me my rights then said it will just be tickets but still no rights ever

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2 Lawyer Answers
Brian C. Soto
Brian C. Soto
Answered
  • Criminal Law Lawyer
  • Mesa, AZ
  • Licensed in Arizona

A: Miranda rights are an advisory of certain rights police are required to inform a suspect of before conducting a custodial interrogation. Custodial interrogation is based on a totality of the circumstances, but in short it occurs when police ask investigatory questions of a suspect who police have deprived of his or her liberties.

In your case, if you were asked investigatory questions about the suspected crime(s) while you were handcuffed and placed in the patrol car, the court would likely find a Miranda violation.

On the other hand, law enforcement officers don’t need to read you your rights if they’re not performing a custodial interrogation.

Stephen M Vincent agrees with this answer

Stephen M Vincent
Stephen M Vincent
Answered
  • Scottsdale, AZ
  • Licensed in Arizona

A: If they didn't read you your rights, and you confessed or said something want to use against you in Court, you can request that such statements be inadmissible.

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