Arrest on Public intoxication

[arizona2233]

What is the name of your state (only U.S. law)? Tennessee

Well he is the situation, huge party that the police broke up prob around 300-400 people. They came inside the house and told everyone to leave. This house is on a dead end street so I ran to the end of the road to help people get sober rides home. The cops were working there way from the end of the street to the house. I was walking back to the house and a cop tells me to stop, I did have a wine bottle in my hand. He said don't move cuffed me and said that you cant have an open bottle. He didn't read me my right or breathalyze me. And took me to jail. What do u guys suggest? Can i get off because i wasn't read my rights?

Thank you

[dave33]

No, the fact that he did no read you your rights in this situation most likely will not result in a dismissal.

[Antigone*of*Greece]

Originally Posted by arizona2233

What is the name of your state (only U.S. law)? Tennessee

Well he is the situation, huge party that the police broke up prob around 300-400 people. They came inside the house and told everyone to leave. This house is on a dead end street so I ran to the end of the road to help people get sober rides home. The cops were working there way from the end of the street to the house. I was walking back to the house and a cop tells me to stop, I did have a wine bottle in my hand. He said don't move cuffed me and said that you cant have an open bottle. He didn't read me my right or breathalyze me. And took me to jail. What do u guys suggest? Can i get off because i wasn't read my rights?

Thank you

You have been watching too many cop shows. The police only have to read you Miranda if you are being questioned. No questioning, no Miranda. Time to speak to a criminal defense attorney.