Arrest, Search, Seizure, Warrant miranda rights not given

[ssmith]

my husband was hospitalized for a gun shot wound he was taken to the emergency room after his surgery he was questioned by police immediately after awaking from surgery.my husband had fell asleep and upon waking up he had handcuffs on. the police did not inform him why he was in cuffs.he was never told what he was charged with for three whole days . I was never notified about him being hospitalized and arrested. He was never given his Miranda rights. nor a phone call. My question is are the police able to do this

 

[seniorjudge]

I was never notified about him being hospitalized and arrested.

Why did you not know about this?

 

[CdwJava]

Miranda is only required when both custody and interrogation exists. If he made an incriminating statement, his attorney can move to suppress based upon whatever he feels might work. It might be Miranda, or, it might be due to his being out of sorts as a result of the hospital drugs ... who knows?

- Carl