If Igot arrested for domestic assault, can the officer ask me questions without tellling me he has a tape recorder turned on tucked inside his shirt?
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If Igot arrested for domestic assault, can the officer ask me questions without tellling me he has a tape recorder turned on tucked inside his shirt?
Also, I was never read my rights.
Asked on January 2, 2012 under Criminal Law, Minnesota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you were actually arrested for domestic assault, you should have been read your rights before the Miranda decision before further questions were directed to you and before you presumably made some incriminating statements about the situation you were arrested for.
The police officer can ask you questions after you were arrested without telling you he was wired with a tape recorder. Possibly the taping of your statements post arrest without being read your Miranda rights could have been in violation of your 5th Amendment right against self incrimination. I suggest that you consult with a criminal defense attorney about your situation.
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