Court Rules Miranda Warnings Not Required

Miranda warnings are those words the police are supposed to read you when you are arrested and questioned in any criminal case.  In Torrance, the Courts often find a way to make an exception to the requirement, here is a case that involved an arrest for a criminal offense and the Courts did just that.

Defendant appealed his conviction for staeling a vehicle and possessing a drug pipe .  He challenged the trial court’s admission of his   prearrest statement, made without prior Miranda warnings. The Court denied his appeal. .. Here are the facts: After receiving a call about a man pushing a stolen motorcycle, a   police officer stopped appellant, who tried to hide a motorcycle as the officer   approached. Officer Coulter noticed ignition wires hanging from the motorcycle,   saw appellant had a screwdriver, and found his behavior odd. Coulter handcuffed   defendant, told him he was investigating a stolen motorcycle, and asked if the   bike was his. Defendant claimed to have found the motorcycle. It was not error   to admit this exchange. Police are allowed to ask questions of persons suspected   of crimes who have been temporarily detained for investigation. The officer’s   question was asked to dispel or confirm defendant’s involvement in a crime.   Vehicle Code section 2804 allows an officer to ask for vehicle registration.   Handcuffing a suspect during an initial investigation does not automatically   render an  interrogation custodial for Miranda purposes. Here, defendant   was handcuffed for officer safety, as he possessed a screwdriver and was acting   “hanky.” The detention lasted two minutes and was conducted by a single officer   on a public sidewalk. Based on the totality of the circumstances, the   interrogation was not custodial.

About thetorranceattorney

Matthew Ruff is a Torrance criminal defense attorney located near the 405 freeway on Crenshaw Blvd. Focusing on DUI and serious criminal cases for over twenty five years. In addition to criminal cases, Matthew also defends clients at the DMV regarding license suspension hearings stemming from drunk driving arrests.
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