Elkhart, IN asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Indiana

Q: Indiana on the affidavit for arrest if the police say they advised us of our Miranda rights , but never did.

On top of saying I made a statement and never did. With no bodycams on a knock & announce search warrant. What are my options

1 Lawyer Answer
James A Hanson
James A Hanson
  • Criminal Law Lawyer
  • Fort Wayne, IN
  • Licensed in Indiana

A: Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.

The vast majority of warrants are "knock and announce" warrants. The exception to the rule are "no knock" warrants. I'm not sure why you are so preoccupied on a warrant being "knock and announce."

You really need to go through your discovery documents with your attorney to see what the State has to back up their claims. That will answer your questions more thoroughly or, on the other hand, show you how to effectively argue a motion to suppress or dismiss.

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