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P. Simmons
P. Simmons, Attorney
Category: General
Satisfied Customers: 25445
Experience:  45 years old, retired Marine Officer, current attorney
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I was detained/arrested in WY while traveling across country(using

Resolved Question:

I was detained/arrested in WY while traveling across country(using 'arrested' as 'I felt I could not leave the area freely', from the time of the officers' arrival. Due to his blocking any egress by parking his patrol car close behind my vehicle, which was parked against a building.- Thus I could not possibly leave). I do not know what he was told when dispatched, but he questioned me specifically about the gas stores' clerks' complaint that I had shoplifted. Additionally, his telling me 'Stay here' when he went inside the store (I assume to question the gas store owner) convinced me I was not free to leave. When came back out of the store, he said nothing to me (no statement or explanation)but ordered me to 'turn around and face the car'. Using one hand to pull my shoulder around & turn me away from him & eventually using some force to slam me onto the hood and cuff me (I kept trying to turn to him and ask why?) AT NO POINT WAS I GIVEN Miranda. IS THIS A LEGAL ARREST?
Submitted: 4 years ago.
Category: General
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to assist and sorry for this mess.

You ask; AT NO POINT WAS I GIVEN Miranda. IS THIS A LEGAL ARREST?

Answer;

While the arrest may be legal...any information gathered by the officer during this interrogation would not be and subject to exclusion.

Under Miranda v Arizona, the rule is that police may not interrogate a person who is in custody without first advising them of their rights to remain silent and to have an attorney present. This is required by the US Constitution.

However, the remedy for a Miranda violation is to "exclude" evidence gathered during the interrogation.

So, you ask is the arrest legal? As I said, the interrogation appears to have been illegal...so your attorney can move to exclude it...but it will not take away the arrest...if they can prove the case without the information gained during the illegal interrogation, they can proceed



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you do not seek to establish an attorney-client relationship with me, nor do I with you; (3) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises; (4) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf. If you do not agree with these terms and conditions, then you must advise me immediately.
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to assist and sorry for this mess.

You ask; AT NO POINT WAS I GIVEN Miranda. IS THIS A LEGAL ARREST?

Answer;

While the arrest may be legal...any information gathered by the officer during this interrogation would not be and subject to exclusion.

Under Miranda v Arizona, the rule is that police may not interrogate a person who is in custody without first advising them of their rights to remain silent and to have an attorney present. This is required by the US Constitution.

However, the remedy for a Miranda violation is to "exclude" evidence gathered during the interrogation.

So, you ask is the arrest legal? As I said, the interrogation appears to have been illegal...so your attorney can move to exclude it...but it will not take away the arrest...if they can prove the case without the information gained during the illegal interrogation, they can proceed



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you do not seek to establish an attorney-client relationship with me, nor do I with you; (3) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises; (4) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf. If you do not agree with these terms and conditions, then you must advise me immediately.



















Customer: replied 4 years ago.
As I was trained, I agree. The interragatory phase of an investigation, where a suspect is not given the Miranda warning is "tainted", & thus unusable. I have a second question about the same event but of a totally different aspect of the "investigation", do I ask you with a second payment? Call me prejudiced, but I have great respect for a Marine; while serving the Missouri NG as the Chief Security Officer, my LT (second) was a Marine and I depended on his abilities greatly. Is there a way to 'ask' that I have only you answer my inquiries? Even if I ask them at a later date? Thus I won't have as much explaining to do the next time.
Expert:  P. Simmons replied 4 years ago.
Sure...if you accept you can ask additional questions...if I can I will answer.
P. Simmons, Attorney
Category: General
Satisfied Customers: 25445
Experience: 45 years old, retired Marine Officer, current attorney
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