| Lawson Police Department, You Make the Call Answers |
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| The Answer |
Officer Jones questioning of Mr. Smith was lawful. Although questioning of a suspect
in Police custody requires the Miranda Warning, in this case the arrest and
investigation of the DWI were two separate cases. Since Mr. Smith was not being
questioned concerning the charges that caused the arrest, the warrant, Miranda did
not attach to the DWI.
in Police custody requires the Miranda Warning, in this case the arrest and
investigation of the DWI were two separate cases. Since Mr. Smith was not being
questioned concerning the charges that caused the arrest, the warrant, Miranda did
not attach to the DWI.
Officer Jones is on standard patrol when he observes a vehicle that he knows belongs
to Mr. Smith. From previous knowledge, Officer Jones knows that Mr. Smith as an
outstanding felony warrant for his arrest. When the vehicle passes, Officer Jones, he
can clearly see that Mr. Smith is the driver.
Officer Jones conducts a traffic stop on Mr. Smith's vehicle and confirms that there is a
warrant for his arrest. Mr. Smith is then advised that he is under arrest and is placed in
handcuffs. When Officer Jones handcuffs Mr. Smith, he notices the odor of an
alcoholic beverage coming from Mr. Smith and that Mr. Smith had bloodshot eyes.
Prior to advising Mr. Smith of his Miranda Rights, Officer Jones asks Mr. Smith how
much he had to drink. Mr. Smith admitted that he had been drinking and was later
charged with Driving While Intoxicated.
Even though the Miranda Warning was not given, was the DWI arrest lawful and can Mr.
Smith's statements to Officer Jones be used against him in court?
to Mr. Smith. From previous knowledge, Officer Jones knows that Mr. Smith as an
outstanding felony warrant for his arrest. When the vehicle passes, Officer Jones, he
can clearly see that Mr. Smith is the driver.
Officer Jones conducts a traffic stop on Mr. Smith's vehicle and confirms that there is a
warrant for his arrest. Mr. Smith is then advised that he is under arrest and is placed in
handcuffs. When Officer Jones handcuffs Mr. Smith, he notices the odor of an
alcoholic beverage coming from Mr. Smith and that Mr. Smith had bloodshot eyes.
Prior to advising Mr. Smith of his Miranda Rights, Officer Jones asks Mr. Smith how
much he had to drink. Mr. Smith admitted that he had been drinking and was later
charged with Driving While Intoxicated.
Even though the Miranda Warning was not given, was the DWI arrest lawful and can Mr.
Smith's statements to Officer Jones be used against him in court?
| Questioning Without Miranda |