If you are kept in a parking lot for 2.5hrs and then trucked to a firehouse for another 1hr wait is that detainment?
Would I legaly need to have my rights read to me?
Would I legaly need to have my rights read to me?
detainment....
- Thread starter Shinigami
- Start date
If you were under arrest they would have told you about it. A lot of folks watch TV and automatically think you always have to have your Miranda Warning read to you.
Well, that is not the case. I have arrested hundreds of individuals in my eighteen years and do not read them their rights (Miranda Warning). You are read your rights upon an investigative interview when you are a suspect in a case.
Well, that is not the case. I have arrested hundreds of individuals in my eighteen years and do not read them their rights (Miranda Warning). You are read your rights upon an investigative interview when you are a suspect in a case.
Ok, thanks.
My way of looking at it was that they had me for a total of 3.5hrs and I wasnt allowed to leave or place a call it might have been detainment.
My way of looking at it was that they had me for a total of 3.5hrs and I wasnt allowed to leave or place a call it might have been detainment.
Did you ask if you could leave? If so, were you directly told by a L.E.O. that you could not? But as Iceman said, regardless of that their is no mandate to read Miranda in that situation.
Ya I never read miranda unless I have to at a scene. I always wait to do it at an interview where there is less noise and the person can understand it better. I hate it when movies read it right then and there.
I've interviewed subjects where we talked for a 1/2 hour and never reached a point where I reminded them of their Miranda rights. The rules regarding Miranda are very specific, having been defined over the years by the courts.
Well we definately were NOT allowed to leave. Was also forced to turn our cell phones off, and towed our cars for loitering.
http://www.abc27.com/news/stories/1007/465732.html <-thsts the event im talking about.
EDIT: and ther was no racing involved it was litteraly a group standing in a parking lot, kids, families, ricers, sports cars, and classic cars. It happened at 11pm, I wasnt allowed to leave till 3:30-4am. I have no problem paying the loitering fine, but towing the cars for loitering and having to pay $200 to get it back is NOT something I am ok with.
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Always ask if you're free to go. If they say "no" then ask why you are being detained. Watch the video I sticked in this forum. It will give you a very brief overview of similar situations.
Most states have had case law that loosely defines the time that will be considered being "detained" turns into an arrest. MA runs around 40 minutes. If someone told me I couldnt move for 2+ hours then transported my ANYWHERE I would consider myself under arrest. You have been deprived of your right to travel and have been moved to another area. However, because you were being charged with a crime, and several people were involved, processing time would be allowed to move the paperwork along. Get this, you WERE detained, for the lawful purpose of being cited for loitering according to the article. If you werent charged, the police are going to argue that they were investigating as to who in the group should be legitimately be charged with loitering and who sould not. Even if you tried to sue, try proving damages, as there are none. It looks like good faith on the officers part could be shown and that makes you SOL I believe.
Miranda is irrelevant. Think of it this way, Miranda is for CUSTODIAL INTERROGATION. Two things, being in custody (or having admitted / ovbserved facts that would lead the police to believe that they were not free to go as a crime occurred) and an interrogation, that is being questioned as to what may have occurred, not questions such as name, addy, DOB etc. These two things have to be happening for your Miranda rights to kick in, pretty much.
Most arrests do not involve Miranda as they are not interrogating you, they already have you dead to rights.
Honestly, parking in a lot with "no loitering" signs doesnt help but you think they would have warned people the past couple weeks or did they just crack down?
Miranda is irrelevant. Think of it this way, Miranda is for CUSTODIAL INTERROGATION. Two things, being in custody (or having admitted / ovbserved facts that would lead the police to believe that they were not free to go as a crime occurred) and an interrogation, that is being questioned as to what may have occurred, not questions such as name, addy, DOB etc. These two things have to be happening for your Miranda rights to kick in, pretty much.
Most arrests do not involve Miranda as they are not interrogating you, they already have you dead to rights.
Honestly, parking in a lot with "no loitering" signs doesnt help but you think they would have warned people the past couple weeks or did they just crack down?
I'm honestly not aware of any prior warnings. It was my 1st time there.
3.5 hours + trip to another location= arrest.
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