Re: another miranda law question

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On 2/09/06, Bob R/CA wrote:
> On 2/09/06, violet wrote:
>> my boyfriend got arrested for a dui two days ago. he said
>> that when they hand cuffed him the police did not read him
>> his rights. they lied and said if he gave them a urine
>> sample they would not tow his car. but they still did. we
>> were wondering if when you get arrested for a dui do they
>> have to mention those rights or not? and is it mandatory
>> for them to tell you those rights or just in certain
>> situations?? thank you!
>
> Under Miranda, they never need to read you your rights.
> It's only required for admissibility of statements you make
> in response to questions by police while you were under
> arrest. In other words, the only remedy you have available
> if they don't read you your rights in those instances, is
> the answers you gave may not be admissible against you. If
> they don't need those statements to convict you, then
> Miranda won't help you.
>
> Whether or not you were read your rights, the cop can always
> testify you were weaving, you smelled like alcohol, and you
> failed the field sobriety test. Miranda is not as helpful
> as many people tend to believe. Your state laws may give
> you additional protections, but that is beyond the holdings
> of Miranda.

i have to agree with BOB