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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 12-24-2004, 01:35 AM
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In Az and Everywhere When should they read you your rights??


undefinedWhat is the name of your state? Arizona

My friend was in Arizona was pulled over and yes she was or had a beer about 4 hours before 1 beer they were also driving a non register vehicle. Yet the cops focused their attention on her, they were determined to find something to arrest her for. They made her do test after test she was in her pjs and they had her there about a hour. Well she statrted to get bothered and was alittle vocal nothing to extreme since they saw this ,as I said they handcuffed her and put her in the car never said they were arresting when they were at the station and they disected her more litterally close up they even brought in an expert on knowing if someone is on something. He did not find anything she was taken in about 11:30 pm did not get out till 3:00 am but, only agreeing to a drug test. that if she was that they will let her know and they never charged her with anything. Can they hold you and when are they suppose to read u your rights??
  #2  
Old 12-24-2004, 01:39 AM
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Quote:
Originally Posted by suobby
undefinedWhat is the name of your state? Arizona

My friend was in Arizona was pulled over and yes she was or had a beer about 4 hours before 1 beer they were also driving a non register vehicle. Yet the cops focused their attention on her, they were determined to find something to arrest her for. They made her do test after test she was in her pjs and they had her there about a hour. Well she statrted to get bothered and was alittle vocal nothing to extreme since they saw this ,as I said they handcuffed her and put her in the car never said they were arresting when they were at the station and they disected her more litterally close up they even brought in an expert on knowing if someone is on something. He did not find anything she was taken in about 11:30 pm did not get out till 3:00 am but, only agreeing to a drug test. that if she was that they will let her know and they never charged her with anything. Can they hold you and when are they suppose to read u your rights??

My response:

From your atrocious spelling and sentence structure, I have to ask: Are you drunk?

IAAL
  #3  
Old 12-24-2004, 02:06 AM
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Sure**************......

But just to humor you, the ofender must be read their Miranda rights when they are in custody and interrogated.
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Old 12-24-2004, 03:13 AM
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Quote:
Originally Posted by suobby
Can they hold you and when are they suppose to read u your rights??
Yes, they CAN hold someone that they have detained with cause. In this case, the officers apparently believed she was under the influence of a controlled substance, so that permits them to detain her and even to take her in to custody based upon probable cause.

And her Miranda rights are not required to be read to her until after she has been both arrested and is being interrogated. In most drug recognition protocols, the questions asked do not require Miranda - and the tests generally do not require Miranda, either.

If she was under the influence of something, she needs to talk with a lawyer - not you.

- Carl
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