Q: What happens if ur not Mirandized and warrant and parole officer were called/issued hours after being booked?
They are serious drug charges and this is his 4th time around but that shouldn't matter, I'm thinking that's what Miranda rights are to be read is so people remember their rights.
A: If a person isn't properly Mirandized, an attorney can argue to have any statements made during the questioning suppressed. That's not the same as a dismissal. If a person is on parole, they have a much less diminished expectation of privacy when it comes to searches. Finally, warrants are often obtained after people are detained. That's not uncommon. He needs to speak with his attorney about the specifics.
Dimitrios Makridis agrees with this answer
A:
If he was not Mirandized, then any statements he made during a custodial interrogation cannot be used against him. Such statements are quite often either nonexistent or irrelevant. But if he did confess during an interrogation, the lack of Miranda warnings could help him.
Warrants are often obtained after a person is detained, and also not needed to search the residence and person of a parolee. It’s unlikely the warrant is an issue, but it should be reviewed any way. He really needs to work with an attorney.
Dimitrios Makridis agrees with this answer
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