Illegal Arrest

[Georgesene]

MASSACHUSETTS


i was called by a detective to come in because my name had come up in an investigation.

i was interrogated, gave me statement and arrested.

This was a non-custodial interrogation

BUT i later found out I had a warrant pending on this case 2 weeks prior.

Was told by the dt. that there was no warrant for my arrest and no charges were being pressed on me.
Also since this being a non-custodial interrogation I was not allowed to leave and blocked my exit and when asked for an attorney he started to arrested me he kept on jumblin my words and trying to put words in my mouth and calling me a liar and allt his other crap. I said fine ill write down a statement so you stop puttin words in my mouth. I then was arrested halfway thru my statement after he took it away from me in the middle of writing it.


Illegal Arrest? illegal interrogation?

 

[CdwJava]

This was a non-custodial interrogation

If you were not in custody, Miranda would not have aqpplied. But they could still arrest you later.

BUT i later found out I had a warrant pending on this case 2 weeks prior.

Okay. Bad for you.

To be safe, I hope they read you your Miranda rights. Though, dependin gon the status of Miranda law in your state and region, it may not have been necessary so long as YOU believed you had the right to leave.

Was told by the dt. that there was no warrant for my arrest and no charges were being pressed on me.

He can lie.

Also since this being a non-custodial interrogation I was not allowed to leave and blocked my exit

Okay ... that is called a custodial interrogation. At that point you were either detained or under arrest. In either event, given the circumstances, Miranda would almost certainly apply. Any statement you made outside of Miranda after you were refused exit could possibly be suppressed.

Illegal Arrest? illegal interrogation?

It is an unlawful arrest only if he lacked probable cause to make the arrest. However, that probably will not be the case. As for being an "illegal interrogation", I can't really say what you mean by that. If it was outside of Miranda, the statement might be suppressed and you MIGHT be able to make a civil claim for intentional violation of your rights provided it can be proven that the officer intentionally violated Miranda ... but that would come after a criminal case.

You need to speak to an attorney about the criminal matter immediately.

- Carl