Legal Question in Criminal Law in California
Private Property Part 2
Guy1,2,& 3 weren't mirandized until they were back at the station. Can Guy1 's admission of the vicodin and his lack of a script for it and other answers pertaining to the vicodin be fought to be surpressed because it was information obtained by the officers questions before being read his rights ? At the time of these questions, Guy1 was in handcuffs and the officer says in the report that all 3 subjects were being detained and interviewed. As to the scope of ''curtilage'' the cruiser pulled up to a stop about 50 ft from the actual residence located on the property. A warrantless search was also conducted in the garage area as well which is about 60 feet away from the house on the side opposite from where the officers were originally ''patrolling''. In no way is the areas in question visible from the main public road.
1 Answer from Attorneys
Re: Private Property Part 2
Being in handcuffs would usually indicate an arrest, but there are exceptions. Motions should be made. Call me directly at 16192223504.
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