Miranda Rights And Admissibility

Summary

If you werent read your Miranda rights during a custodial interrogation, your statements might not be admissible in court. However, exceptions exist based on whether you were in police custody, being interrogated, and the nature of your statements. The Florida Stop and Frisk Law (901.151) allows temporary detention for questioning with reasonable suspicion but doesnt authorize transportation to a substation without an arrest. If detained and not within immediate reach of a backpack, you may argue lack of dominion and control. A third party can consent to a search if they have common authority, but evidence may be challenged if there was no probable cause. Consult a local attorney for specific advice.

Full Conversation

****
Hello ****, nice to meet you! How can I assist you with your legal issue today?
I will be asking you questions pertaining to the laws in Dade City, Pasco County, Florida that happened on or before June *
Hello ****, I'm ready to assist you. Could you please specify the legal issue or topic you're interested in so I can provide accurate information?
during a custodial interrogation while handcuffed, I was never read my Miranda rights are my statements admissible?
In general, if you were not read your Miranda rights during a custodial interrogation, your statements may not be admissible in court. However, there can be exceptions based on:
- Whether you were in police custody
- Whether you were being interrogated
- The nature of your statements
These factors can vary by case, so you should consult with a local attorney for advice specific to your situation.
the police transported me in handcuffs from scene to a substation for questioning is this a violation of Florida Statue, Stop and Frisk law *.*
The Florida Stop and Frisk Law (*.*) permits police officers to temporarily detain a person for questioning if they have reasonable suspicion of criminal activity. However, it doesn't authorize transportation to a substation without an arrest. Consult a lawyer for specific advice.
Explain *.* to me please in terms that a high school senior would understand
The Florida law *.*, also known as the 'Stop and Frisk' law, allows police to stop you and ask questions if they think you might be up to no good. However, they can't take you to a police station unless they're arresting you.
if your detained and in the back of a patrol car, do you still exercise the elements of dominion and control of a backpack in a locked car * ft away?
Generally, if you're detained and not within immediate reach of the backpack, you may argue that you didn't have dominion and control over it. But it often depends on the specifics of the case and local laws, so consulting a Florida attorney would be best.
after being detained and there was no probable cause for the initial stop can a third party consent be valid when the search is directed towards the person detained??????
In general, a third party can give consent to search if they have common authority over the place or items. However, if the person detained did not freely give consent and there was no probable cause, any evidence gathered may be challenged. Consult a local attorney for specifics.
he reason for and investigatory stop was a stolen vehicle, but turned out to be a civil matter.
If the initial stop was based on a stolen vehicle, but turned out to be a civil matter, the stop's legality could be questioned. Could you provide more details regarding the civil matter and how it relates to the initial stop?
Someone let me borrow his vehicle. The vehicle was a rental in someone else's name. I did not know this. The person I borrowed the car from sister waved down a police officer and said that the car was stolen and I was driving it. The car was parked at a gas station. I was inside. The police officer never seen me in the vehicle, nor did the person who told the policeman I was driving it. The policeman stopped me as I was walking the opposite direction of the car, immediately put me in handcuffs and in the back of a police car. The person who stopped and said the car was stolen consented to the search of the car. The car was not rented in their name either. The car was searched and drugs was found in the car in backpack. I was then taken to a sub station questioned for hours and then to jail. I was never charged for the vehicle being stolen, only the drugs inside of the car. The person who let me borrow the car had been arrested hours before this incident, which I was unaware of, and was charged and convicted of trafficking drugs for drugs they found on him at the time of his arrest. The drugs he was convicted of and the drugs found in the car I borrowed are the same type of drugs. The car was never reported stolen, I was never charged for stealing the car.
This is a complex case. It involves questions of your rights during a police stop, your rights during a search and seizure, and possible defenses against drug charges. Key laws that may apply include:
- Florida's Stop and Frisk Law (*.*)
- The Miranda warning requirement
- Florida's drug possession laws
- The Fourth Amendment's protection against unreasonable searches and seizures
You should consult with a local attorney who specializes in criminal law to understand these issues fully. They can help you evaluate your options and develop a strategy for your case.
the reason for and investigatory stop was a stolen vehicle, but turned out to be a civil matter.
It seems like the stop was based on misinformation about a stolen vehicle, but led to drug charges. Since this is a complex situation, it would be best to consult with a local Florida attorney who can assess all the facts and guide you further. Would you like assistance in finding a local attorney?