What constitutes a violation of your rights regarding the Miranda warning?
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What constitutes a violation of your rights regarding the Miranda warning?
During interrogation I was given a Miranda rights paper to read and sign. I asked for attorney right up front and he asked me to sign it but I didn’t. He began asking me questions and I answered. During the course of questioning I reapeatly asked for an attorney, 3 to 4 times, and he kept asking questions. The end of the interrogation he said he was going to arrest me. I replied, “Finally, I get an attorney, asking where and when I can make the phone call?” He said downtown and left the room. He quickly came back into the room wanted to ask me a couple more questions and he did as I answered both. Is this a violation?
Asked on April 11, 2013 under Criminal Law, Indiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
This was a custodial interrogation in which Miranda was applicable. A custodial interrogation means you were in custody and were not free to leave. The questions should have stopped when you initially asked for an attorney. Since the questions continued, an appropriate motion to suppress this evidence (the statements you made) should be filed.
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