I am not making a Miranda argument, I am just trying to better understand it. Is there case law on when custody occurs for the phrasing of a question? My concern is that he did not have probable cause but coerced an answer thus creating probable cause. I do not think he knew I was urinating but just fishing for an excuse to arrest me. I am not familiar with Miranda, but did read it is in place to prevent coercion. Is there any Michigan case law that states a police officer my word a question such as the one did in this situation - accusing me of a crime when he didn't know if I committed it? I was also very interested in case law regarding police officers who are also attorneys. My point being that although he is a police officer, he knew how to word questions, etc. I am interested to see if any cases have been brought regarding this situation (even if they were fruitless). Had I know the officer was also a lawyer, I would not have said a word. Thanks.
Are police officers allowed to come out and say why have you been doing x, crime? Has that been shown to be a violation of miranda if it has not been given? Has that been shown to be "in custody" type of situation? Sorry for all of the questions, I just feel that you did not understand my question fully. Thanks.
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