one more last question...

[cantgetright]

What is the name of your state? ca

i'll try to make this simple. if police seize my vehicle and they don't cite me or arrest me(toke vehicle to investigate possible "stolen parts").I was handcuffed and put in cop car for 40 minutes before they made there decision, during which an officer questioned me without miranda warning.( months later I was arrested and now im at jury trial).
My question is about maranda rights and if he was suppose to inform me? He claims that he did not require the warning, cause I wasn't under arrest or in custody. Besides the fact that he uses the word "suspect was in custody" in the report. I was in hand cuffs and in back of a cop car, I was not free to leave. I was there for 40-45 minutes.
So,the statement I made can't be used or can it? It wasn't inncriminating,but he changed what I said a little in an attemp to link me to the crime. We have a hearing for this situation before the actual trial but I just wanted to know what to expect.

Also, what I was going for is that in the report the officers said that "based on what the "victim" said and what the suspect said we seized the suspects vehicle to investigate,and released suspect." Now this may be a little far out there but, I was wondering if indeed the statement I made was illegally obtained that technically without it they would never have come to there conclusion.And would never have been able to get a judge to file a warrant.

Basically, I want to know if he illegally obtained my statement and if so what would it do for me and the case?

 

[calatty]

Miranda warnings are required if you are in custody and being subjected to questioning, but not if you are temporarily detained. You are in custody if a reasonable person in your situation would not feel free to leave. There is a strong argument that 40 minutes in a police car is custody.

The next issue is whether the police say the incriminating statement was the product of police questioning or whether they say you blurted it out. If they say you blurted it out, then there was no Miranda violation. (You have to go by what the police say happened, not what actually happened, because they will be believed and you won't.)

If the court finds that the statement was taken in violation of Miranda and that it was used as a basis for probable cause for a warrant, it must excise the statement from the warrant and determine whether the warrant still provides for sufficient probable cause without the statement. Probable cause is an objective determination, and does not depend on the officer's subjective reasons. That is where you would probably lose, because the court would find that the victim's statement, together with some small confirming fact, would constitute probable cause for the warrant.

 

[cantgetright]

well, we lost the hearing for that due to lack of prep on the attorney, she didn't even call the original officer that was the one who put me in the police car. The one who questioned me didn't want to admit I was in the police car, but we kept asking him were I was standing and we went in circles. Then he finally said that I was in a police car and it was after he took a "summary" of what was said. The other officer would have said that i was placed in the car, but like I said she didn't call him in and I don't know why.And I asked her, but she said "well he's not going to be here" and that was that.

Originally I asked the public defenders to get a copy of the police communications for that day.If they had them It would prove what happend and how and the amoumt of time the whole thing took. I'm going to have to face the facts that Im going to prison for something I didn't do, or swallow my pride and lose my vehicle and take a deal so I don't go to jail. It's all just a dream and any minute I'm going to wake up and it will all be over....

Thanks for all your help calatty.Take care

 

[calatty]

The other officer would probably have lied too, and the judge would have believed, or pretended to believe his lie, so it wouldn't have made a difference. Let me know if any other questions come up.

 

[Bravo8]

May I also have tonight's lottery numbers, callaty? I assume you're psychic, since you know the other cop would have lied.

Oh, what's that? It was senseless speculation? Well, thanks for clearing that up......

 

[calatty]

"Probably." Maybe that's too big a word for you, or they don't teach you to read in the academy. If the first cop supposedly lied, then probabilities favor the second cop lying too.

 

[gottaask]

kudos

calatty!