Hello and thank you for allowing me the opportunity to assist you.
Q: I know I do not have to be read my Miranda rights until in custody, but I feel that I was in custody immediately since the officer phrased the question in a coercive way and made it seem like he saw me even though he did not. Please give me your opinion on this matter.
A: I'm sorry to say that is not quite true. The police never have to read you the Miranda rights unless you are in custody and being interrogated
. I think that you'll have a very difficult time convincing a judge that you were in custody the moment the question was asked. But how could he have put you in custody if he had no probable cause
at that point? He wouldn't have probable cause until after you responded and made the admission. Unfortunately, I don't think that a judge would see it your way. I'm truly sorry.
Q: Also, the police officer is an attorney, but never told me this - is there any case law on such a situation?
A: That's irrelevant and shouldn't be a factor in what occurred. He was acting as a police officer, not as anybody's attorney.
Q: The officer arrested me anyway and said he had to because I was out of state (this occurred in MI and I am from OH). I know this is not true now.
A: The officer certainly has discretion as to whether he arrests you or lets you go. But the fact that he lied and said that he had to arrest you won't help. He had the right to arrest you, and so the arrest was lawful even if he pretended that he had no choice.
The botXXXXX XXXXXne is that I think you have an uphill battle in this situation. Your best argument will probably be that your apology was not an admission and was just something to say because you felt intimidated. I don't think you will be able to win the Miranda argument that you made.
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