Arrested WITHOUT Miranda...Legal?

[donjan342]

Here in Cincinnati, Ohio, I was hanging out with a friend Wednesday night at a local park. My friend's truck was parked at the side of the road when the police showed up. We came up the hill and asked if there were any problems. The officer informed us that the park closes at 10 pm, and that we weren't allowed to be there.

He asked to see I.D.. My friend didn't have I.D., and I did, so I provided mine, while he had to write his info down. I came back clean, however, a warrant from the state of Indiana came back on him. Upon that information, the officer cuffed him, told him he was under arrest for a warrant that came back in Indiana. Nothing more was said to him regarding the warrant or the charges for his arrest. Both of us were quite surprised (actually furious) about the warrant, but that's another issue. I have since visited him twice, and to date, he has not been Mirandized.
He also does not factually know (except by me) the charges he's facing. I'm not an attorney (obviously), so I do not know if that counts.

So my question is this...IS THIS A LEGAL DETENTION by the city of Cincinnati for charges he's facing in Indiana? ((Based on the fact that he has not been Mirandized yet?))

Thanks!

 

[Antigone*]

Here in Cincinnati, Ohio, I was hanging out with a friend Wednesday night at a local park. My friend's truck was parked at the side of the road when the police showed up. We came up the hill and asked if there were any problems. The officer informed us that the park closes at 10 pm, and that we weren't allowed to be there.

He asked to see I.D.. My friend didn't have I.D., and I did, so I provided mine, while he had to write his info down. I came back clean, however, a warrant from the state of Indiana came back on him. Upon that information, the officer cuffed him, told him he was under arrest for a warrant that came back in Indiana. Nothing more was said to him regarding the warrant or the charges for his arrest. Both of us were quite surprised (actually furious) about the warrant, but that's another issue. I have since visited him twice, and to date, he has not been Mirandized.
He also does not factually know (except by me) the charges he's facing. I'm not an attorney (obviously), so I do not know if that counts.

So my question is this...IS THIS A LEGAL DETENTION by the city of Cincinnati for charges he's facing in Indiana? ((Based on the fact that he has not been Mirandized yet?))

Thanks!

It is not like you see on TV. You are not necessarily read your rights upon arrest. They do however, have to read you your rights to question you. If they don't question him then the reading of his rights are not necessary.

 

[donjan342]

Okay, but isn't knowing WHY you're under arrest the whole point of the Miranda Act? In any case, might he qualify for a Writ of Habeas Corpus?

 

[Antigone*]

Okay, but isn't knowing WHY you're under arrest the whole point of the Miranda Act? In any case, might he qualify for a Writ of Habeas Corpus?

um...hello...you said he was arrested due to a warrant out of another state right???

 

[donjan342]

Okay, whoa.

Pardon my ignorance of the law. I've never broken it. So my ignorance towards trying to find him help is in fact justifiable. So if you're going to answer questions, I'd appreciate the lack of attitude.

To answer your question, yes.

 

[41tellthetruth]

He should be given the opportunity to obtain a court appointed lawyer when he is arraigned. He can be held for a period of time while Indiana determines if they want to extradite him back to face his charges. None of us can tell you if Indiana will pursue extradition or not. It would most likely depend upon the seriousness of his crime. These are all questions his attorney can answer.

 

[CdwJava]

About 9 out of 10 arrests will never require Miranda. Miranda is generally ONLY required when a person is under arrest and being interrogated. No interrogation means no need for Miranda.

- Carl

 

[donjan342]

Thank you all very much. This information was very beneficial. But just to throw it out there, here are the charges he's facing:

3 counts theft
1 count forgery
1 count (theft or deception?) to a financial institution

This is a family based issue. I'd go in to it more, but it gets really complicated then. So, just reading this, what do you think his chances are of being extradited?

Thanks!

 

[Antigone*]

Thank you all very much. This information was very beneficial. But just to throw it out there, here are the charges he's facing:

3 counts theft
1 count forgery
1 count (theft or deception?) to a financial institution

This is a family based issue. I'd go in to it more, but it gets really complicated then. So, just reading this, what do you think his chances are of being extradited?
Thanks!

looks like three hots and a cot in Indiana to me

eta...that's the word from my ball, Crystal.

 

[CdwJava]

Thank you all very much. This information was very beneficial. But just to throw it out there, here are the charges he's facing:

3 counts theft
1 count forgery
1 count (theft or deception?) to a financial institution

This is a family based issue. I'd go in to it more, but it gets really complicated then. So, just reading this, what do you think his chances are of being extradited?

Thanks!

Considering that the issued agency has already confirmed the warrant (i.e. the agency in Indiana acknowledged the warrant's validity and approved service in Ohio), there is a strong likelihood they intend to extradite.

- Carl