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Can You Sue the Police if They Don't Read You Your Miranda Rights

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  • 11-12-2008, 04:42 PM
    chenika2010
    Can You Sue the Police if They Don't Read You Your Miranda Rights
    My question involves civil rights in the State of: MICHIGAN

    HI MY BF RECENTLY GOT PULLED OVER FOR HAVING A SUSPENDED LICENSE AND THEY PULLED HIM OUT OF THE CAR WITHOUT ASKING HIM HIS NAME AND THEY HANDCUFFED HIM AND DID NOT READ HIM HIS RIGHTS AND PUT HIM IN THE BACK OF THE POLICE CAR WHILE THEY SEARCHED HIS CAR I THOUGHT THAT WHEN U PUT SOMEONE UNDER ARREST U HAVE TO READ THEM THERE RIGHTS CAN HE FILE A CIVIL SUIT AGAINST THEM?:mad:
  • 11-12-2008, 05:27 PM
    aardvarc
    Re: What are my rights
    Suspects only need to be Mirandized if police intend to interrogate a suspect who is under a custodial hold (i.e. under arrest) AND they want to use those statements against the suspect in court. Despite what you see on TV, the vast majority of arrests occur without Miranda - police witness an infraction, they arrest, wisk the person off to jail and that's that. In 9 out of 10 arrests, police are arresting based on probable cause established by their own investigation (i.e. running a driver license to see that it is suspended). In such cases, they don't need to say a word to anyone in order to have a legitimate arrest.
  • 11-13-2008, 01:08 AM
    BOR
    Re: What are my rights
    Quote:

    Quoting chenika2010
    View Post
    My question involves civil rights in the State of: MICHIGAN

    HI MY BF RECENTLY GOT PULLED OVER FOR HAVING A SUSPENDED LICENSE AND THEY PULLED HIM OUT OF THE CAR WITHOUT ASKING HIM HIS NAME AND THEY HANDCUFFED HIM AND DID NOT READ HIM HIS RIGHTS AND PUT HIM IN THE BACK OF THE POLICE CAR WHILE THEY SEARCHED HIS CAR I THOUGHT THAT WHEN U PUT SOMEONE UNDER ARREST U HAVE TO READ THEM THERE RIGHTS CAN HE FILE A CIVIL SUIT AGAINST THEM?:mad:


    To address your last statement about a lawsuit, police enjoy what is known as "Qualified Immunity". This means to successfully sue, you must overcome this burden. It means unless they violated "CLEARLY established law" you will not prevail.


    There are basically 3 ways to constitutionally permit a warrantless search of a seized (stopped) motor vehicle;

    1. A search "incident to arrest" of the driver. Arrest here meaning taking into custody to answer a charge.

    2. Probable cause the vehicle contains contraband.

    3. Consent.


    Unless the arrest is a felony, you will find it is not a general department mandate to inform a suspect/arrestee of thier Constitutional rights.

    Many times it is a judgment call in the field.
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