Legal Question in Traffic Law in California

I was pulled over last night and was handcuffed and put in his car without my miranda right read, is that right


Asked on 8/17/14, 2:08 pm

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

It's not like TV or the movies. Just getting arrested doesn't mean they have to read you your Miranda rights. Those are only required if you are "in custody" (arrested or the equivalent of it) and being interrogated. Typically, a "detention" such as a traffic stop does not rise to being "in custody" so no Miranda warnings are required. If there was a Miranda violation, the remedy is to exclude the statement, but it doesn't necessarily invalidate the entire case.

Read more
Answered on 8/17/14, 2:10 pm


Related Questions & Answers

More Traffic Law questions and answers in California