Full question:
When does the law state your rights have to be read? Does an obvious lie in the probable cause portion of a traffic violation give you grounds to beat a violation?
- Category: Criminal
- Subcategory: Search and Seizure
- Date:
- State: Minnesota
Answer:
Miranda rights must be read when two conditions are met: you are under arrest and the officer interrogates you. These rights inform you that you can remain silent and that anything you say can be used against you in court. If Miranda warnings are not given, it may not lead to the dismissal of your case, but statements made during custodial interrogation could be suppressed.
Regarding probable cause for a traffic violation, if you can prove a lack of probable cause, the citation may be dismissed. An officer needs reasonable suspicion to stop a vehicle, which can be based on observations or concerns for the driver's welfare. There are exceptions to the warrant requirement, including:
- Plain View Doctrine: Officers can search if they see evidence of a crime in plain sight.
- Open Fields Doctrine: Open areas can be searched without a warrant.
- Exigent Circumstances: Searches can occur without a warrant if there is an immediate need for safety.
- Motor Vehicle Exception: Officers can search a vehicle without a warrant if they have probable cause but cannot search passengers without probable cause or consent.
It's advisable to consult an attorney when facing criminal charges due to the serious implications for your rights. Traffic stops based on reasonable suspicion are investigatory and may be challenged more easily than those based on probable cause. Factors justifying a vehicle search include the reason for the stop, the driver's behavior, and the environment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.