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I was in the parking lot of my own business last night and

a police officer pulled in...
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.
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Answered in 1 minute by:
10/8/2013
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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.
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Customer reply replied 4 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.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,923
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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