Advice/Is this custodial arrest?

[anonymousGuy]

I was recently smoking (cannabis) with some friends outside on a college campus in Missouri. A police officer followed us in a car back to our dorm room in his car. We were on foot. He parked in our dorm parking lot and then followed us inside. He continued to follow a friend of mine and I to the stairwell were I held the door for the officer hoping he'd pass by. The officer stopped us in the stairwell and asked to talk to us. He stood in front of the door that led outside, my friend stood on the stairs leading upwards, and I faced him while standing on the landing. He asked us a series of questions about whether or not we were smoking and I said we were. He asked if I had anything in my bag and I was honest and said yes again. He let my friend go because he didn't have anything. He then put me in handcuffs, said I was under arrest, then lead me out to his police car. I calmly followed his directions and then he took me back to the station where I was finger-printed and written a citation for the possession of marijuana and possession of paraphernalia. He then took me back to my dorm and I was good to leave. My court date is set for 2 days after the incident.

My main questions are:

1. Should he have at any point ready me my Miranda rights?
2. Does his blocking the exit and confronting us constitute custodial arrest?
3. And would that mean his questioning constituted custodial interrogation?
4. Does the fact that I was never read my Miranda rights mean anything?

 

[quincy]

I was recently smoking (cannabis) with some friends outside on a college campus in Missouri. A police officer followed us in a car back to our dorm room in his car. We were on foot. He parked in our dorm parking lot and then followed us inside. He continued to follow a friend of mine and I to the stairwell were I held the door for the officer hoping he'd pass by. The officer stopped us in the stairwell and asked to talk to us. He stood in front of the door that led outside, my friend stood on the stairs leading upwards, and I faced him while standing on the landing. He asked us a series of questions about whether or not we were smoking and I said we were. He asked if I had anything in my bag and I was honest and said yes again. He let my friend go because he didn't have anything. He then put me in handcuffs, said I was under arrest, then lead me out to his police car. I calmly followed his directions and then he took me back to the station where I was finger-printed and written a citation for the possession of marijuana and possession of paraphernalia. He then took me back to my dorm and I was good to leave. My court date is set for 2 days after the incident.

My main questions are:

1. Should he have at any point ready me my Miranda rights?
2. Does his blocking the exit and confronting us constitute custodial arrest?
3. And would that mean his questioning constituted custodial interrogation?
4. Does the fact that I was never read my Miranda rights mean anything?

You had the right to remain silent. You didn't.

Here is a link to the law: http://norml.org/laws/item/missouri-penalties-2

Although possession of marijuana up to 10 grams no longer comes with jail time, a first time offense is still classified as a Class D misdemeanor. This can affect school loans and scholarships.

You should consult with an attorney. Your college may offer legal assistance to students.

Good luck.

 

[xylene]

Police officers themselves in real life and their television and movie counterparts often imply that honesty will result in less consequences.

This isn't true, it is a strategy to get you to make admissions.

I suggest you get legal representation. You may want to ask for a continuance if 2 days is not enough time to secure effective counsel.

 

[quincy]

If anonymousGuy pleads not guilty at arraignment (which is generally what attorneys will advise), a new hearing will be scheduled. At this subsequent hearing, he should have an attorney with him.

 

[Whoops2u]

Should he have at any point ready me my Miranda rights?

Miranda has to do with custodial interrogation. You were not, arguably, in custody until he had the handcuffs on you and said you were under arrest. Certainly after you were put in the car in handcuffs. After those events, did the officer ask you any questions other than in booking? The answers to those questions might not get in because of a lack of Miranda warnings.

Does his blocking the exit and confronting us constitute custodial arrest?

No. If it were the sole exit, maybe. But, you had other ways to leave. There are cases, federally, that have a cop completely blocking a bus' walkway between the seats where a person could not leave but by a window and it was not considered custody.

And would that mean his questioning constituted custodial interrogation?

Described above.

Does the fact that I was never read my Miranda rights mean anything?

It means that anything you said after you were in custody in response to a question would probably not get in as primary evidence.

The bottom line is that Miranda only protects what you say in response to police questions after you are arrested or in custody. Your cake was already baked from your admissions long before Miranda was implicated.

 

[quincy]

What were you cited under - state law or a local ordinance?

 

[HRZ]

How much stuff....more than 10 grams may be quite serious !

You'd be smart to engage counsel in any case.

 

[quincy]

Even less than 10 grams potentially could be serious for a college student relying on financial aid.

 

[HRZ]

Yes, Federal student aid may be at risk...and I think it's more than just coincidence you were arrested on campus rather than off campus . Get counsel.

( Personally I am not a fan of the sanctuary mentality that seems to exist on many a campus but that wasn't the question posed )

 

[quincy]

Some college campuses charge marijuana possession much like a traffic ticket. The charge could depend, therefore, on who ticketed anonymousGuy, local police or campus police.

But consulting with an attorney is advised either way because of possible other consequences at school.

 

[Whoops2u]

The current FAFSA worksheet for a yes to drugs question:

https://support.murraystate.edu/admin/virtual/docs/DrugConvictionWorksheet1819.pdf

 

[quincy]

On some college campuses, first offense possession of marijuana is a civil infraction.

 

[Whoops2u]

On some college campuses, first offense possession of marijuana is a civil infraction.

You have to make a call on if it is an "offense" or a "civil infraction" when you fill out the worksheet.

 

[quincy]

There has to be a conviction to affect federal financial aid.

But, because there is a good chance that anonymousGuy was charged under state law, he will want help from an attorney local to him.

 

[anonymousGuy]

How much stuff....more than 10 grams may be quite serious !

You'd be smart to engage counsel in any case.

I had with me less than 2 grams, a small pipe, and a small grinder