Dui arrest after being home for ten minutes

dui arrest in Nebraska. My brother was arrested for dui, after the cops arrived at our house 10 mins. after he arrived home after hitting a mail box. The cops arrived to investigate the hit and run asked my brother to come out side and proceeded to do sobrity tests. While doing the tests the cops discovered empty beer bottles in to back end of the truck while looking at the damage. After the tests he was told he was to he was under arrest for dui but was not read his rights even after he was already asked questions. They finally read him his rights twenty minutes later at the station and asked the questions again. Can you get dui if they did not see you driving and asked you to come out of your home? Can they search the back of the truck without consent? Are you supposed to be read your rights immediately after you are informed you are being arrested or can they do it later at the station?
sorry the post is so long.

why would you want him to get off-it could have been a person he hit.hopefully they'll prosecute him to the max.

making sure they are doing there job right, after all we are paying their salaries.

987123 said:

making sure they are doing there job right, after all we are paying their salaries.

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whats this "we" crap-you gotta mouse in your pocket?

f### you D**** bag I didn't ask for a smart ass opinion or do you offer those up when you do know an answer.

Ignore 'Curtisd'... he is a result of a partial abortion.... they only got his brain!

In answer to your questions:
Q1) "My brother was arrested for dui, after the cops arrived at our house 10 mins. after he arrived home after hitting a mail box."
A1) I assume that the was evidence left at the scene or a witness that was able to lead the police to your address. As such, the 10 minute delay is of no relevance.

Q2) "The cops arrived to investigate the hit and run asked my brother to come out side and proceeded to do sobrity tests. While doing the tests the cops discovered empty beer bottles in to back end of the truck while looking at the damage. After the tests he was told he was to he was under arrest for dui but was not read his rights even after he was already asked questions."
A2) They should have read his rights prior to asking questions.

Q3) "They finally read him his rights twenty minutes later at the station and asked the questions again."
A3) They obviously realized their error and corrected it by making sure he was Mirandized and then requestioned. By doing this, they negated any impact from the first set of questions.

Q3) "Can you get dui if they did not see you driving and asked you to come out of your home?"
A3) If there is evidence that he was driving (by witness or admission) and he flunked a field sobriety only 10 minutes after arriving, then yes.

Q4) "Can they search the back of the truck without consent?"
A4) I assume you are talking about the bed of the truck. If so, the 'evidence' was in plain sight and is subject to search.

Q5) "Are you supposed to be read your rights immediately after you are informed you are being arrested or can they do it later at the station?"
A5) Though normally prior to questioning (and if not, the answers could be inadmissable), there are no requirements as to where the Miranda rights are set. And in this case, the fact that they did Mirandize and re-asked the questions, removes this as an issue.

987123 said:

making sure they are doing there job right, after all we are paying their salaries.

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you don't think this isn't being a smarta**?now let me give you an answer your drunk,lowlife,ignorant brother nailed a mailbox took off like a coward and got righteously busted by the cops and there ain't a damn thing you or him can do about it,so if thats all your wondering about get your punk a** out of here

Thank you Halket that was all I was asking for.

did i hit a nerve cu*tis:for your information he hit the mailbox 2 houses down at three in the morning and he went home and called the police instead of waking the neighbor up in the middle of the night, calling the police on yourself after you have been drinking doesn't sound cowardly to me m***er fu**er.

now i see

well that explains why halket was so protective of you-you share the same gene pool.WHY ARE YOU POSTING HERE IF HE CALLED THE POLICE?maybe halket can help you with that answer too

I posted to find out if they did everything the correct way because they were acting like they did not know what they were doing. it wouldn't be the first time they have ****ed up and ruined a case. the local paper even has questioned how they handle certain cases the right way. Do you give adivce here or do you heckle( why are you posting here?). I was thanking apparently the only person on this board that can actually answer a question. I guess every board has its trolls though. Better get the gene pool definition stratight ( total alleles of all genes in an individual pop.) because we are not in the same population. The best thing people can do is to hope for is that natural selection runs its course quickly and takes care of you.

you've got your brilliant answer-did you learn anything?

ya, i learned you were a result of a partial abortion which explains why you couldn't answer a question.

well then it wasn't a total waste of time