Legal Question in Criminal Law in Minnesota
5th amendment
My son's roommate died of a cocaine overdose after being pulled over by police and swallowing it. My son was not with him at the time, but was with him later when he started to get sick. When questioned by the police, my son said he had not seen his roommate all night. The police continued to badger him and after six weeks wrote him a citation for obstructing the legal process and falsely reporting a crime. My question is, if the police did not read him his rights before questioning him about his roommates death, can he use his 5th amendment rights to have the charges dismissed?
1 Answer from Attorneys
Re: 5th amendment
The police must only read miranda warnings if there will be a "custodial" interrogation. A custodial interrogation means he is no longer free to leave. If he was not in custody, miranda warnings are not required.
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