Legal Question in Criminal Law in Arizona
Evidence before miranda rights
My friend and I were charged with criminal littering. We were questioned extensively, placed in cuffs, and transported to the station before we were read our rights. The arresting officer did not read us our rights until we were about to enter the facility. Is any evidence or information collected prior admissable? We are charged with violating Arizona 13-1603 A1
Asked on 2/23/09, 4:14 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Evidence before miranda rights
Advise of Miranda rights is require only if a statement is taken. No statement, no foul. Failure to advise prior to a statement renders the statement inadmissible/unuseable.
Answered on 2/23/09, 4:34 pm
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