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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101607
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was in the parking lot of my own business last night and

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I was in the parking lot of my own business last night and a police officer pulled in and said to me, the last time I looked your license is barred and I seen you pulling off the road into the parking lot. He told me to put my hands on the hood of his patrol car and proceeded to arrest me for driving while barred. He did not read me my miranda rights. He simply just took me to jail. He said he has been watching my property and waiting for the right time to catch me.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. What exactly are you asking here? Whether anything he did was wrong? Also, did you in fact drive into the parking lot?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

yes, I believe he was basically stalking me and did not have the right to come onto my property.

Marc,

Thank you.

On this website, I do not always get to give good news, and I am afraid that his is one of these times.

1) Police officers are allowed to execute surveillance. They do not need a warrant to watch someone in public. Because they are not observing you in the home, or wiretapping you, etc, no warrant is necessary (as the road is a public space). So a police officer can watch/observe/tail you all they want here.

2) If a police officer witnesses a criminal act, they have the right to come unto private property for the purpose of an arrest.

3) Not being read Miranda Rights does not nullify the arrest. Now, if the officer did not read one's rights, whatever was said by you at the time of the arrest and possibly even later may be thrown out of Court by your defense attorney, making the prosecutor's case harder. State v. Turner, 630 NW 2d 601 - Iowa: Supreme Court 2001 (general discussion). However, the Miranda Rights reading (or absence thereof) does not void an arrest, but simply makes whatever stated by Defendant possibly inadmissible in Court for prosecution. But the arrest itself is still valid.

I am sorry.

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