Legal Question in DUI Law in California

Entrapment & Miranda Rights - Following you out of a bar

Is it legal for an officer to witness you leaving a bar, following you until he can find something to pull you over for , resulting in giving you a field sobriety test? If you are put in handcuffs and detained after failing the breath test, does the officer have to read you miranda rights? What if he did not?


Asked on 5/23/05, 12:14 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Entrapment & Miranda Rights - Following you out of a bar

There may be other ways to beat it. Call me directly at (619) 222-3504.

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Answered on 5/23/05, 12:41 pm
David Lupoff Law Offices of David B. Lupoff

Re: Entrapment & Miranda Rights - Following you out of a bar

I do not believe that anything you told me will get you out of your DUI. There are many things that may or may not have happened. For me to answer any questions, I would have to go through all the facts with you. Notwithstanding, a police officer can pull you over if he has reasonable suspicion and reasonable suspicion can be born from a traffic violation. Next, the smell of alcohol on your breath and/or other objective factors, the stop then can grow into probable cause. At that point, the police can search your vehicle, give you a breath test, etc. As far as the Miranda Warnings go, I would really need to go through the facts with you and review the police report should you decide you need legal counsel.

If you need further assistance, please do not hesitate to contact me at 818-943-0462.

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Answered on 5/23/05, 12:46 pm
Terry A. Nelson Nelson & Lawless

Re: Entrapment & Miranda Rights - Following you out of a bar

Your story is not unusual; but the police conduct you complain of is probably not going to help you. Miranda readings only matter if he asked for a statement and confession before reading your rights. Your proper course of action is to defend the charges as vigorously as the facts will allow. Contact me if interested in getting counsel to do so.

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Answered on 5/23/05, 1:09 pm


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