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Thread: Violation of Miranda Rights
- 10-25-2008 03:18 PM #1
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Violation of Miranda Rights My boyfriend was arrested four days ago for possession. He was riding his bicycle at somewhere between 12:00am and 1:00am. The police pulled him over saying the reason they pulled him over was because of his headlight-they said they could not see it, then they said he was riding in the middle of the road, both were excuses because he has a headlight and he claims he was not in the middle of the road. After searching him they found a little less than a 1/2 gram of methamphetamine. For some reason they did not cite release him, which is the practice in Contra Costa County, he was taken in and sent to the county jail for 72 hours and released pending charges. When he was arrested the police did not read him his miranda rights. Out of three officers, including a sergeant , not one of them read him his rights when they decided to incarcerate him. Is this because he was not cite released and no charges were pressed on him at that point. The district attorneys office is backlogged, so it takes up to two months for them to review new cases and determine whether or not to press formal charges. Will they wait and read him his rights when they press formal charges? I was under the impression that whenever you are arrested and detained that law enforcement must read you your Miranda rights.
- 10-25-2008 03:33 PM #2
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Violation of Miranda Rights My boyfriend was arrested about four days ago for possession of methamphetamine. The police pulled him over on his bicycle between 12:00 am and 1:00 am. He was coming from a friends house and the police claim they could not see his headlight. Then the reason they pulled him over was because he was in the middle of the road. Both reasons were excuses because he has a headlight and claims he was not in the middle of the road. After searching him they find a little less than 1/2 gram of methamphetamine on him. During this time three other officers had arrive including a sergeant. Usually, when someone is found with methamphetamine, they are site released. However, the officer decided to book my boyfriend and let him sit in jail for 72 hours. The district attorney's office is backlogged, so it takes sometimes two months for formal charges are filed. So he was not formally charged with possession. He was sent to the county jail and released four days later pending charges. When he was arrested the officer did not read him his Miranda rights. I was under the impression that whenever you are arrested the officer must read you your rights. Did the officer not read him his rights because formal charges were not filed on my boyfriend, and they will read him his rights when the formal charges are filed? Or was the officer negligent in informing him of his rights?



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