Quote Quoting achapa45
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I was ticketed Saturday night in Norfolk, Virginia originally for public urination and trespassing on school property. those were the tickets given to me. Unfortunately i kept talking and they arrested me for obstruction of justice. how ever my Miranda rights were NEVER read to me and i was arrested near the rear of the car not the front hood where the camera is supposed to record footage as by standard procedure.

I was released the next morning after being picked up by my father. Can i get this case dismissed on the basis my rights were never read to me? i am supposed to leave for the Air Force is two weeks yet my court date is two months away, any advice or help is greatly appreciated
Miranda is only required AFTER you are in custody and when the police are interviewing you. If they intend to use any evidence obtained in a post-arrest interview against you in court, they will have needed to Mirandize you. However, this does not seem to be relevant here. In fact, as Aardvarc points out MOST arrests never require Miranda to be read.

Next time, accept your cite and be on your way - don't give the cops any lip.

Oh, and there is no law saying they have to arrest you at the front of the car or on camera. That would just be silly.

- Carl