Legal Question in Constitutional Law in Wisconsin
Violating Constitutional Rights
I was detained for supposedly stalking, then handcuffed and put in a car. I was brought to a police station, and questioned, about the stalking which would end, then questioned about keying a car. I answered questions that would incriminate myself however was never read my miranda rights, and although only ''detained'', I was handcuffed and I believed I was in custody. These are both in violation of my fifth amendments rights - custodial interrogation, my miranda warnings, and no self incrimination due to my signing a document that said I did something. What can I do since my constitutional rights were violated?
1 Answer from Attorneys
Re: Violating Constitutional Rights
Your belief that you were in custody is unimportant. What matters is whether you objectively were. Being handcuffed and taken to a police station strongly suggests that you were indeed in custody for Fourth Amendment purposes (the legal definition of "in custody" is somewhat different from how that term is ordinarily used), though I can imagine additional details which might change that result.
If you have been charged with a crime you should get a lawyer ASAP to argue that any evidence obtained as a result of your interrogation should be excluded. Keep in mind that even if the evidence is kept out of a criminal prosecution it may still be admissible in any civil lawsuit and/or restraining order proceeding filed against you by the victim(s).
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