Handcuffed First, Miranda Second.
Can Police Still Use What You Said? Most people think Miranda rights are read the moment police put on handcuffs. That’s not always true.
The Myth: “Anything I Say Can Automatically Be Used Against Me”
Not if you’re in custody and subjected to police interrogation without first being warned of your right to stay silent and to have counsel present during questioning. Statements taken that way could be thrown out entirely, and possibly statements and evidence that came from it.
What Happened Here
After a driver was pulled from his car, handcuffed, and surrounded by three officers, one of them asked what was in his pocket. The driver eventually admitted it was a drug pipe. Only after that admission and a search did officers read the driver his Miranda rights, then immediately kept pressing him with more questions.
Why the Timing Mattered
Once someone is handcuffed, surrounded by multiple officers, searched, and being asked pointed questions designed to get an admission, that’s almost always going to count as a custodial interrogation. With some exceptions, Miranda rights should come before the questioning if those statements are to be used against someone in court. Here, the warning came only after the driver had already incriminated himself, and the questioning that followed the warning was really just a continuation of the same conversation. A judge found that this timing meant even the statements made after the Miranda warning couldn’t be used either.
The Result
Every statement, the ones made before the Miranda warning and the ones made right after, was suppressed. Combined with the earlier illegal search, there wasn’t enough left to support the drug charge or the DWI charge. Both were dismissed.
What This Means For You
Getting handcuffed doesn’t mean you have to answer questions. You have the right to remain silent and to have an attorney to be present for any police questioning.
If you’ve been charged with a crime and you’re not sure whether your rights were respected, call Marie Pacyga at Pacyga Trial Lawyers at 612-339-5844.
This post is for general informational purposes only and does not constitute legal advice. Every case is different. Contact an attorney to discuss your specific situation.