Norcross, GA asked in Criminal Law, Civil Rights and Constitutional Law for Georgia

Q: If officer during a traffic stop is investigating beyond scope of stop asking questions to mislead for investigating/

Reason for something different the officer is technically questioning to further investigation to continue and if your considered detained and unable to leave till he is finished should officers inform you of your right or warn you????? Your lawfully detained under officers custody weather on side of road or at police station!!! Would this be correct and legal assumption?

2 Lawyer Answers

A: If you are in custody for a crime, before police interrogate you, they should read you your Miranda warnings. Otherwise anything you say may be excluded from evidence in any subsequent trial against you for commission of a crime.

Be aware that does not mean that charges against you are dismissed. It only means that evidence obtained from the custodial interrogation of you is excluded. In many cases, a conviction can be secured without using such evidence, for example, if police or other witnesses observed you committing a crime.

James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: During a traffic stop, law enforcement officers have the authority to inquire about matters related to the purpose of the stop, such as verifying identification, checking for valid registration and insurance, and addressing potential safety concerns. However, if an officer begins asking questions that go beyond the scope of the original stop and are intended to further an unrelated investigation, this can raise legal issues.

If a person believes their rights have been violated during a traffic stop or any interaction with law enforcement, it's advisable to consult with an attorney who can assess the specific circumstances and provide guidance on potential legal remedies.

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