miranda rights
I was pulled out of a bar on a welfare complaint and during the questioning of my mental state and welfare, I was informed that I had a warrant out for my arrest due to an unpaid traffic ticket.� After about 20 minutes of questioning and search of my car, the officer turned the questions to drinking.� He then asked me if after drinking earlier that day, if I drove to the bar. I said yes, and he is using this answer as probable cause to arrest me for OWI (keep in mind I was not driving)� I am wondering if he can use this statement against me because even though he had not yet placed me under arrest, because of the warrant, I had reason to believe that I was in fact detained, and going to be placed under arrest. He did not mirandize me until he placed me under arrest for the OWI, but my incriminating statement did come after he told me about the warrant.� Can I get this statement thrown out under these circumstances?
1 Answer from Attorneys
Need for Officer to Read Miranda Rights Following Notification of Defendant that an Unrelated Warrant for his Arrest Existed
Need for Officer to Read Miranda Rights Following Notification of Defendant that an Unrelated Warrant for his Arrest Existed
It may be worth filing a motion to suppress your admission to driving in this situation. However, officers are allowed certain leeway in the initial investigative stages of an investigation, prior to targeting any particular person for arrest. Your argument, of course, would be that you were effectively under arrest from the moment the warrant was mentioned to you, or at least that any reasonable person in your situation then would have thought so. If the judge agrees, he or she may require suppression of statements made in violation of your rights. You really need to retain an experienced criminal lawyer and pose this question to him. Unless I am subsequently retained, my comments here are not intended as legal advice; you must instead consult your own attorneys.
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