Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-04-2002, 01:12 AM
lost need help
Guest
 
Posts: n/a

body search & locked up without maranda rights


my husband was in a gas station getting cigarettes when a police officer ran the plates on his truck. according to the officer he had no reason they can run any plates without having to have a reason. he found there was a warrant for non-pay of child support to the state of kentucky, we live in indaina. he took him in to the county jail processed him, searched, finger printed and all, but was never read his rights. can plates be ran on any vehical at any time for no reason? can you be searched and locked up without every being placed under arrest by having been read your rights? if you can be how long can you be held before they have to read you your rights? he was not given the option to speak with a lawyer either. i know the warrent is out of state but doesn't he still have the right to a legal counsel here?
  #2  
Old 02-04-2002, 02:26 AM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: body search & locked up without maranda rights


Quote:
Originally posted by lost need help
my husband was in a gas station getting cigarettes when a police officer ran the plates on his truck. according to the officer he had no reason they can run any plates without having to have a reason. he found there was a warrant for non-pay of child support to the state of kentucky, we live in indaina. he took him in to the county jail processed him, searched, finger printed and all, but was never read his rights. can plates be ran on any vehical at any time for no reason? can you be searched and locked up without every being placed under arrest by having been read your rights? if you can be how long can you be held before they have to read you your rights? he was not given the option to speak with a lawyer either. i know the warrent is out of state but doesn't he still have the right to a legal counsel here?
My response:

1. Government authorities DO NOT need a reason to "run a license plate."

2. Government authorities DO NOT need to read Miranda Rights to an arrestee or detainee EXCEPT before questioning concerning the alleged crime. If no questioning concerning the alleged crime occurs, then no Miranda Rights are required to be read.

3. Government authorities may detain an arrestee on an "out of State warrant" for up to 72 hours to allow the warrant issuing State time to decide whether or not they wish to extradite the detainee back to the warrant issuing State. If the issuing State decides to extradite, then an "extradition hearing" is held in the "arresting State" and, at that time, a detainee is offered defense counsel - - for the hearing, only. If extradition is granted, then the detainee is taken back to the issuing State, and again, is "Mirandized" and offered counsel for the "warrant charges."

IAAL
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:39 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.