Legal Question in Civil Litigation in California
A friend I know was arrested after having just visited with his daughter (and her mother) at McDonalds. The visit was pleasant until the end where the arresting officer was waiting for him at the car. Apparently the daughter's mother had texted the officer and told the officer his description. The officer arrested him without reading him his rights and approached him just stating his name without verifying who he was by last name or properly identifying the individual's identity (he was standing with one other individual). On the way to the jail, the officer made a remark stating "I know who you are." Come to find out the daughter's mother works at the court house for that county and is friends with the arresting officer as well as many other individuals of said county. The friend was arrested on a delinquent child support payment charge. Is there any recourse that can be taken? Any advice is welcomed.
2 Answers from Attorneys
Make a deal to pay his back child support.
Recourse for what? For being arrested on a valid charge? Are you kidding? If they got the wrong guy, there'd be hell to pay, but they got the right guy. Too bad if the mother pulled a "gotcha," and knew which cops and other personnel to talk with to arrange the arrest. Would you be asking about "recourse" if your friend had murdered the mom's brother and she used her knowledge of the system and the people in it to set up the bust? Serves him right for being a deadbeat dad. As for the lack of a "Miranda" warning, there is no law that says that anyone has to be read their rights when arrested. What the law says is that anything they say before they are read their rights cannot be used in evidience, and futher developments went on to say that any evidence that is found as a result of anything they say before the warning cannot be used. If the officer is dumb enough to put his case at risk by not immediately giving the Miranda warnings, that is his mistake but not anything the arrested person can complain about unless they try to use anything he says before the warning.
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