I just remembered that the officers did not read me my Miranda Rights. Can a case be thrown out because of that?
I just remembered that the officers did not read me my Miranda Rights. Can a case be thrown out because of that?
Read this. Miranda relates only to custodial interrogation.
In my DUI the officer didn't note that my Miranda rights were read to me on his little check-off sheet and the judge still let the evidence stay. The officer didn't remember but "knew he did it, he always does it (para)". It's your word against the officer's word.
...and when you are detained by LP you may not be detained by the police officer; LP does not have to live under Miranda.
The USSC has ruled, and I am inclined to say most states follow it, that the roadside questioning of a DUI suspect is NOT custodial in nature, hence NO Miranda warnings are required.
Once an arrest is made, then as a safeguard, the police "may" Mirandize the arrestee.
I do agree though, LP persons are not cops.