Legal Question in Criminal Law in California

Am I suppose to be advised of my Miranda Rights before they can start questioning me after they arrest me for a DUI and finidng a Tool in my car that is used for Roofing and assessing me with a Felony?

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Asked on 7/25/10, 4:29 am

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

The police only have to advise you of your rights if you're in custody, which means formally arrested or the equivalent.

A DUI stop is usually considered an investigatory detention, not an arrest.

If the police failed to advise you when they should have, any statement you made after that point cannot be used against you in court.

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Answered on 7/25/10, 8:14 am
Anthony Roach Law Office of Anthony A. Roach

Mr. Marshall is correct. Miranda warnings must be given before custodial interrogation. A traffic stop is considered a detention and not custody. A police officer is not someone you confess to.

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Answered on 7/25/10, 12:41 pm


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