Can an officer who has a warrant for your arrest pick you up with the sole intention of interrogating you regarding a different crime?
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Can an officer who has a warrant for your arrest pick you up with the sole intention of interrogating you regarding a different crime?
An arrest warrant is out for me on a misdemeanor drug charge. The police arrest me and immideiatly tell me they are going to question me about a C felony charge. Is this allowed and if a confession comes of it can it be dismissed in court?
Asked on August 5, 2013 under Criminal Law, Indiana
Answers:
Stan Helinski / McKinley Law Group
Answered 11 years ago | Contributor
The basis for the arrest is irrelevant--it's whether there was a custodial interrogation without a Miranda Waiver. Clearly there was an custody, but it will turn on whether you offered the information or whether you were deliberately asked it and whether the officer read you "your rights," keeping in mind that he may say he did even if he didn't.
Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.
Answered 11 years ago | Contributor
If you have been arrested, if the officer intends to interrogate (question) you, the officer is required to inform you of your Miranda rights. When "in custody", the law requires the officer to place you on notice that you have the right to remain silent, you have the right to have an attorney present with you during questioning, and any statements you make may be used against you in court. If you are "in custody" and you are questioned without having first been advised of your Miranda rights, then an attorney can motion for the Court to suppress any of your "in custody" statements. On the other hand, if you are NOT "in custody" and you make statements, those statements will most likely be admissible in court.
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