(wi) Arrested Without Reading Miranda Rights***

[Help3232]

Wisconsin- So**************.... I got arrested on Saturday night early Sunday mourning 10/13-10/14 at approximately 4:30 am.

The Police officers stopped me because I was in an area of a crime which I was at where some windows were knocked out and I got a party to the crime property damage

and I didn’t break any windows but I realize how I got this ticket but I told the officers some lies

but (1st Question) this can't be used against me in court (true or False) if they didn’t read me my rights when I got arrested? I also got a obstructing an officer can this be used against me in court?

(2nd Question) Also When I got to jail they asked for my social security number and that is very private to me (considering my sister got her credit card used in Mexico) when I told them that the answer "No" the officer had a face like this guy is being uncooperative and sort of threatened(not much) that I was going to get in trouble so I was sort of forced into giving MY social security number out(Is this against my rights)?

(3rd Question)any ways back to the situation my sister also was there and called my dad and my dad saw me getting taken away and I said Their is my dad and they said "step back sir we will be calling you or having your son call you in a while".. Remember I got arrested at 4:30 abouts I didn’t get a hold of my dad till 10 am because my dad called down to the jail and ask if I was there and they had no choice but to let me have my one phone call 5 hours later(is this right)

(4th Question) This is what I have been told maybe this is a lie but I talked to a guy that lives in the house and he said they told police they "did not" want to press charges then how could I get arrested.... The Landlord pressed charges but would any normal citizen that doesn’t work 3rd shift be up at 4:30 in the mourning to press charges? The Landlord is a well respected citizen in the city of La Crosse and would probably be sleeping. So how could I get arrested without charges pressed that night (is that correct or are the kids saying they didn’t but did)

(5th Question) I did not blow in the breathalyzer and my dad called down when he was trying to find me and ask for my charges and said what where his charges they told him he asked if there was any alcohol involved and the officer replied "No" and then at around 12 noon Sunday they brought over a drinking ticket to my parents house and the officer that issued out the ticket I did not see at all. (is this sort of fishy and do I have to accept this ticket or do you think I could fight it)

(6th and Final Question) When I talked to 2 of the kids yesterday they said that the police officer that issued out my drinking ticket(the one I never seen that night) said to the guys that they probably had been drinking but she is not going to test them or give them a drinking ticket. Can this happen. If this can happen how could I get issued out a drinking ticket with no probable cause) never asked if I drank just said blow in this tube and I said "NO".

Charges:
Dissordly Conduct
Party to the Crime property damage(but no one got charged with property damage I was the Only one caught)
Obstructing an Officer
Drinking Ticket (third offence)

Thank You for helping me out with this I got court on Tuesday 10/23/07 and hopefully you will get back to me before then. I appreciate everything you have done for me have a nice day.
You can reach me faster at [email protected] or myspace.com/megapwrs

Thank You Once again

 

[moburkes]

duplicate post

 

[CavemanLawyer]

1) Miranda rights need only be read before police begin questioning you. If you told these lies after arrest in response to police questioning, than they possibly would be inadmissible against you in court. If you made these statements pre-arrest or made them res gestae (just blurt it out) than they can still be used against you even after arrest and without Miranda warnings being given.

2) You didn't have to give them your social security number but the fact that they pressured you into it isn't against your rights, at least not in any way that is going to benefit you. Its not like evidence you can keep from being used against you in court, its just an identification number. And its not like you are damaged either personally or disadvantaged in your case by disclosing it.

3) There is no constitutional right to make a phone call after your arrest. The only real timeline that law enforcement faces immediately after arrest is that you must be timely magistrated and it must be held that there is probable cause to hold you.

4) Criminal charges are filed by the State (or US govt.) not by the complainant. If a complainant says they do not want charges filed or if they later request that charges be dismissed, the State always has the option of filing or pursuing the case.

5) Refusal to give a breath specimen can be used as evidence of intoxication, or in this case evidence of consumption. Its not absolute of course since you can argue that you had a valid reason to refuse (ex: believed test was inaccurate and didn't want to falsely incriminate yourself) but the obvious argument is that you wouldn't have refused if you knew you hadn't had anything to drink. Btw, from this charge I'm assuming you are a minor right?

Now the results of a portable breath test are inadmissible in trial, but an officer can still testify that the test showed "some" result other than 0.000 just to show consumption. This evidence is admissible in DWI trials to impeach a Defendant who testifies that they had NO alcohol to drink, and also it can be used in minor in consumption cases like yours where all the State has to prove is that you had a sip of alcohol.

Issuance of a ticket is literally considered an arrest and officers have the discretion of issuing the ticket with a promise to appear instead of physically taking you into custody. So an officer can absolutely just drop of the ticket at your house. He can actually mail it to you. Since you did not sign the ticket you did not promise to appear in court on the scheduled appearance date. So if you fail to appear than you cannot be charged with failure to appear, but then the State has the authority to issue a warrant for your arrest and essentially exercise that option of taking you into custody that the officer decided against when he delivered you the ticket. The bottom line is that the ticket is valid and you've got to deal with it.

6) An officer always has the discretion to just issue a warning for a possible offense rather than issue a ticket or take the person into custody. An officer also may determine that he has probable cause for arrest against one person in a group but not quite enough to arrest the other people in that group. The fact that the officer let your friends off the hook does not grant you a free pass.

Probable cause is indeed required to validly request someone to submit a breath specimen. If the officer cannot articulate her reason for believing that you might have consumed alcohol, than your refusal to blow cannot be used against you. Judging from your post, it seems the officer would have at least some evidence that you had consumed alcohol. The officer actually seemed to indicate that she believed all of you had been drinking and I'm assuming that was based on clues that she noted (red eyes, slurred speech, poor balance/coordination, odor of alcohol, etc...) Just the fact that you seemed uncooperative could potentially justify requesting a breath specimen since aggressive/erratic behavior is a possible sign of intoxication.

 

[moburkes]

CL, you don't accept PMs, but we try to keep all of the posts in one thread. So, when someone posts that there is a duplicate post, we go to that duplicate post to provide our answers. It keeps the board clean, and stops multiple threads on the same subject.

Thanks!