Quote:
Originally posted by Gemini
Something too, is how many people the Police take to the station in NO cuffs. (No cuffs can equal NO arrest, therefore NO Miranda rights) ;-) IF I were to be taken, I'd hopefully be able to insist on charges for SOMEthing or another as well as cuffs to be transported. (In front of witnesses)
Thats not a rocket science question. If they secure you in the back of a car OR in cuffs, you are under detention which courts view as arrest. Might be some that see a car that you can't get out of with uncuffed hands as NOT being arrested, advice, MOVE!
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If they took you in uncuffed, that's really just a fuckup of police procedure. They're always supposed to cuff you for the safety of the officers... unless I guess if you live in some hick town where they don't have any regulations.
Miranda rights have nothing to do with any of this. They are only read if the cops intend to interrogate you and use your statements against you in court. In 99% of DWI cases it's not necessary... indeed, it's not necessary in a good percentage of regular arrests. If you're busted for shoplifting, for example, they really don't need to question you, since the guy who caught you doing it is all the evidence they need.