Shoplifting, Larceny, Robbery, Theft My Rights

[tdl12791014]

When I got arrested, they didnt read me my rights. Can they get in trouble for that? What can result from them not reading me my rights?

 

[shrinkmaster]

Who is "they" and what questions were asked at the time?

 

[tdl12791014]

im not sure... um. the cops maybe? arent they the ones who were supposed to read them to me? and they asked me what i took and they searched my car. cant they get in trouble for that too? since they didnt have a warrant?

 

[shrinkmaster]

You seem unsure if it was cops or store loss prevention which was it?

 

[tdl12791014]

it was the cops. I know it was the cops, i am just unsure as to who would get in trouble for it.

 

[tdl12791014]

and as to what would happen. but i do know it was the cops

 

[shrinkmaster]

Ok one thing at a time. Did the Police ask you any questions and if so what were your answers

 

[tdl12791014]

They asked me all my info and then they asked me if I had anything in my car that I stole. I said yes. Thats all the cop asked me. The store's manager and an employee were the ones asking the questions. We didnt answer though. There weren't any other questions asked besides the one that the cop asked me that I answered. So then he handcuffed me, had a policeman escort me to my car, and that policeman searched my car. Then they took me to jail.

 

[shrinkmaster]

Then your miranda rights were not violated nor was search illegal. You gave them probable cause when you told them there was stolen items in car

 

[tdl12791014]

But shouldnt I still get my rights read to me?

 

[shrinkmaster]

No as you were not in Police custody at the time. At that moment you were detained by Loss Prevention not Police. There is nothing you can do about this.

 

[tdl12791014]

I was in police custody when they arrested me. I thought you were supposed to get your rights read to you everytime you get arrested.

 

[shrinkmaster]

No you were in the custody of Loss Prevention. In fact unless Police took you to jail you were never in Police custody

 

[CdwJava]

Miranda is only REQUIRED when you are both in custody and being interrogated. About 90% of arrests will not ever require Miranda rights be read.

Now, if you were in custody (in cuffs or even in a loss prevention room clearly not free to go) then your attorney might be able to move to suppress any evidence that resulted from those statements.

if the loss prevention people asked all the questions and got the info from you, and THEY told the police what you said, then of course the police did not have to Mirandize you.

There may be parts of this that your attorney CAN address. Your state might place a burden on loss prevention personnel such that statements made can be considered coerced and inadmissible under the right circumstances. There might also be an issue with the search of the car.

 

[tdl12791014]

No as you were not in Police custody at the time. At that moment you were detained by Loss Prevention not Police. There is nothing you can do about this.

I was in police custody.

 

[tdl12791014]

There may be parts of this that your attorney CAN address. Your state might place a burden on loss prevention personnel such that statements made can be considered coerced and inadmissible under the right circumstances. There might also be an issue with the search of the car.

Like what?

 

[tdl12791014]

I was in cuffs and i was taken to jail by the police. I was asked questions by the police.

 

[shrinkmaster]

What questions were you asked and when were you asked them?

 

[CdwJava]

At this point your best bet would be to keep silent, and seek legal counsel. If you cannot afford an attorney, one should be appointed for you at or before your arraignment.

As I said, there may be issues that an attorney can raise but it depends on the details. We can "what if ..." the issue to death, but none of us can see the police reports, so we'd be guessing.

Seek legal counsel ASAP.

 

[tdl12791014]

okay. im sorry im asking so many questions im just very nervous. my court date is in january and im meeting with my attorney on the 20th of december. thank you for all of your help.