questioning procedure

[kller3]

I was recently question by the police and am considered a person of interest in a case. I told the officer that I did not want to talk about it. He continued to question my and I gave him some information that he can use against me. Is this information inadmissable because I told him that I didn't want to talk and I was not informed of my right?

[rmet4nzkx]

Originally Posted by kller3

I was recently question by the police and am considered a person of interest in a case. I told the officer that I did not want to talk about it. He continued to question my and I gave him some information that he can use against me. Is this information inadmissable because I told him that I didn't want to talk and I was not informed of my right?

Sure he can use it, you told him you didn't want to talk but talked anyway, therefore you consented. I suggest you consult and retain a criminal defense attorney before the police visit you again. Did you do it?

[CdwJava]

Originally Posted by kller3

I was recently question by the police and am considered a person of interest in a case. I told the officer that I did not want to talk about it. He continued to question my and I gave him some information that he can use against me. Is this information inadmissable because I told him that I didn't want to talk and I was not informed of my right?

Were you under arrest?

Where did this conversation take place? Under what circumstances?

- Carl

[kller3]

I was not under arrest, but was at the police station.

[CdwJava]

Originally Posted by kller3

I was not under arrest, but was at the police station.

Okay ... and the circumstances?

Did you walk in or were you driven there by the cops? Were you in the lobby? Were you in an interview room? An office? Where were you in the office?

Details ... those details will determine whether or not Miranda applied.

In general, if the amount of force used in a detention is similar to that used in a custodial arrest then Miranda would likely apply. But if you came in on your own, talked to an officer in a lobby or at his desk, then it probably would not.

- Carl