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Arrest procedure

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M

MLThomas

Guest
What is the name of your state? North Carolina
I was arrested and charged with wreckless driving, endangering people and property, and a pre-arranged speed competition. I was handcuffed. I had to pay $150 in bail. I was NOT read my rights. They confiscated a video tape of our actions(wheelies, speeding, etc.) I have to appear in court in Nov.
Since I was not read my rights at any point in time, could the case be thrown out?
 
Last edited:


Bravo8

Member
No. One only need be advised of their rights, otherwise known as the Miranda Rights or Miranda Warnings, when they meet two conditions. They must be in custody and must be interrogated.

You were obviously in custody, as you were placed under arrest and handcuffed.

Interrogation is defined by law as the asking of guilt-seeking questions or actions by the police likely to elicit a guilty statement. Were you interrogated?

If so, then anything resulting from the interrogation will be suppressed. Any evidence obtained lawfully prior to the unlawful interrogation will be admissable.
 

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