Legal Question in Criminal Law in California

A person doesn't automatically have to be read their rights when they're arrested - only if they are in police custody and being subject to interrogation (questioning). If there was a Miranda violation, the remedy is to have the statement suppressed.

They also don't have to tell him why they pulled him over, but I assume it will be in the police report. If not, your boyfriend's attorney should be filing a motion to suppress the evidence. If the reason for the initial stop was invalid, then all the evidence will be suppressed. Similarly if there was no legal ground to search him, the evidence should be suppressed.

Any attorney would need to review the police reports to give you a definite answer about these issues - your version and what he says happened are only part of the equation. It's what the officer wrote (and sometimes what they didn't write) that matter as well.

The bottom line: He needs an attorney to review his case and evaluate the search/Miranda issues in person.

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