Evidence

[Paintballshot]

Arizona

My friends and I were shooting houses with paintball markers when and officer pulled us over. The officer gave no reason to pull us over. When he walked up to the vehicle he reached in and started to pull out the markers. Can they be used in the case?
The officer also put me and my freinds into hand cuffs and started asking questions but did not read us our maranda rights until we were in the interview room at the jail house. When are we supposed to have been read our rights.


Thanks

[CdwJava]

Originally Posted by Paintballshot

My friends and I were shooting houses with paintball markers when and officer pulled us over. The officer gave no reason to pull us over. When he walked up to the vehicle he reached in and started to pull out the markers. Can they be used in the case?
The officer also put me and my freinds into hand cuffs and started asking questions but did not read us our maranda rights until we were in the interview room at the jail house. When are we supposed to have been read our rights.

I'd say he pulled you over because he saw what you were doing, or, because your vehicle fit the description of the suspect vehicle. So, the stop is likely good.

And if he saw the paintball markers in plain sight, you bet he could reach in and seize them! First, they can be a threat to him ... second, they are evidence.

You should have been Mirandized if he questioned you in the field regarding the incident after you were handcuffed. Any statements you made in the field before you were Mirandized can be thrown out. However, once you were Mirandized, if you guys said the same things, then the statements are probably going to be right back in.

But, with the paint guns and any witness statements, you're probably all done anyway.

Time to look for an attorney.

- Carl

[Paintballshot]

The officer did not see us shooting the houses and there were no witnesses. There was a call about someone the neighborhood shooting but as far as we know they could not describe the car. He also threatned my friend to be tazered as well. The police searched the trunk as well could the markers there be used as evidence?

[CdwJava]

Originally Posted by Paintballshot

The officer did not see us shooting the houses and there were no witnesses. There was a call about someone the neighborhood shooting but as far as we know they could not describe the car. He also threatned my friend to be tazered as well. The police searched the trunk as well could the markers there be used as evidence?

Well, he obviously thought that there was something wrong because he did pull you over. And what you think you know, and what the officers really DID know, are probably way different. Unless that has come out in court, then you really don't know what the officers had been told or had seen. And all because you do not THINK you were seen does not mean that you were not seen.

If the officer threatened your friend I'm going to guess it was not because he was being polite and cooperative saying, "Yes sir" or "No sir."

Once they had you arrested ... well, at least the driver ... then the rest of the car likely became subject to search pursuant to an impound inventory. Plus, if they had good cause to believe that additional tools of the crime could be found in the trunk, they may have been able to articulate good cause to get in to the trunk.

I take it you have not yet engaged counsel? And did you guys confess at the station?

- Carl