Legal Question in Criminal Law in California

My father was accused of a crime and then was tricked into going to police station under false pretenses to be interrogated and when he arrived at the police station he was immediately led into an interrogation room and interrogated by 2 police officers and prior to the interrogation he was never read the Miranda warning/rights. He was cohered into giving the officers self incriminating information. My father has never been arrested and did not know his rights at all and after the interrogation he was handcuffed and arrested and at which time he was finely read his Miranda rights. What proof is required by police to prove that a suspect was read his Miranda rights and understood them? And doesn�t a waiver have to signed by the suspect if he waves his rights prior to a custodial interrogation . how can he prove his rights were violated.


Asked on 9/04/09, 8:22 am

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Was this by chance in San Mateo County? They have a habit of doing that. They sucker people into coming to PD by themselves (thus "proving" that the person was not in custody" and then seal them up in an interrogation room. then they question him til he confesses, ignoring requests to leave, and then later claim that the person was free to leave at all times.

the reason they do this is that they do not have to give Miranda warnings unless the person is under arrest. Some pro police judges NEVER find the person to be under arrest if they walked in under their own power. But the interrogation rooms are inside secure "police only" areas where you need a cop escort to come or go. If they won't escort you out, you are NOT "free to leave".

There are many factors that courts have recognized as signs that a person is really in custody no matter that they arrived voluntarily. An experienced criminal defense attorney would have to hear the whole story and review the police reports to answer your question.

Good luck

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Answered on 9/04/09, 9:37 am


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