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