Omaha, NE asked in Civil Rights for Nebraska

Q: Was I supposed to be read my Miranda rights?

I was detained, brought to the backroom, questioned, and cited in Scheel's recently without them reading me my Miranda rights. I was on my lunch break with a co worker and we stopped to grab some darts, a part for his gun, and some new boots. I had grabbed a few packs of dart flights, a set of steel tips, a new set of darts and case, and a key knife. As we continued shopping I kept dropping the smaller packages so I just put them in my pocket while we continued shopping. After shopping for close to 35-45 minutes we were waiting for an employee to bring us our boots & as were waiting 2 officers walked up, said nothing, and cuffed me. I had the dart set in my hands. They asked if I had anything in my pockets & and I told them "yes" & and explained why. They then brought me to the backroom (cuffed), then questioned me and ticketed me for theft under $500. So did they need to read me my rights? I even told them I was intending on paying the items. The total for it all came to:$42 Darts:$26

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1 Lawyer Answer

A: Not necessarily. It isn't an automatic dismissal for not having your rights read. However, under the facts you describe, you may have a valid motion to suppress. Further, if you didn't pass the point of sale, you may be able to get your charges dismissed, depending on the overall facts of your case. You need to speak with a criminal defense attorney about your options.

In the future, never put anything into a purse, personal bag or pocket that has not already been paid for. Whether you intend to shoplift or not, it often sure looks like on the security cameras.

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