Stockton, CA asked in Civil Rights and Constitutional Law for California

Q: Can I be interrogated for an unrelated investigation, when trying to pick up property from evidence?

My partner was arrested and had my phones on him and they were logged in as evidence the case is now closed. I was told I could pick up the property as long as I had a notarized note from the incarcerated one and when I went to pick up the property, I was taken to an interview room and interrogated for a supposed unrelated investigation that the detective says he had going on.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on California law, it is generally not permissible for law enforcement to interrogate you about an unrelated investigation when you are attempting to retrieve your property from evidence. Here are a few key points to consider:

1. Property retrieval: If the case involving your partner is closed and you have been informed that you can collect your property (phones) with a notarized note from the incarcerated individual, the process should be straightforward and not involve any questioning related to other investigations.

2. Miranda rights: If the detective subjected you to a custodial interrogation (meaning you were not free to leave) without reading you your Miranda rights, any statements you made during the interrogation might be inadmissible in court.

3. Right to remain silent: Even if you were read your Miranda rights, you have the right to remain silent and not answer questions related to any investigation.

4. Right to an attorney: If you were interrogated about an unrelated investigation, you have the right to have an attorney present during questioning.

If you believe that your rights were violated during this incident, it is advisable to consult with a criminal defense attorney who can assess the specifics of your case and provide guidance on how to proceed. They can also help determine if any statements made during the interrogation can be suppressed if charges are brought against you in the future.

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