Legal Question in Criminal Law in Michigan

if you get a uniform law citation from a state trooper for a 4103(transport of open intox) and he takes your license in lieu of bond, does he have to read you your rights?

Asked on 7/08/13, 2:45 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Chief Assistant Prosecuting Attorney

No. "Reading you your rights" is only an issue if, after you are placed in police "custody" the police conduct a question-and-answer with the purpose of eliciting potentially incriminating statements from you. Police can have a conversation with you before an arrest happens or before a reasonable person would believe they are not free to leave (the definition of "in custody"), and you do not have to be informed of your "rights" yet. If you were never arrested, and if after you were arrested the police did not ask you thinks like, "So, tell me about this bottle of vodka ...", then you don't have to be informed of your "rights" (i.e., you have a right to remain silent, anything you says can and will be used against you in court, you have the right to stop the conversation at any time, you have the right to an attorney and one will be appointed for you if you cannot afford an attorney).

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Answered on 7/09/13, 5:28 am

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