MIP given without Miranda rights

Asked almost 4 years ago - Lees Summit, MO

I was given a citation for a MIP, although, at the time the officers approached me, I was not exhibiting drunken behavior, nor was I holding an alcoholic beverage. The officers demanded to search our belongings and we consented to them. After that, they saw there was alcohol. I was being very cooperative and as a group, we asked to be breathalyzed, they refused to do so, then asked me, "How much have you had to drink? 5-6 beers?" I was scared about what to say and said sure, but before they asked me, they did not read me my rights, and coerced me into incriminating myself. Given that, will the report saying I consumed alcohol be inadmissible? If so, that would mean there is no evidence to prove that I possessed alcohol physically, or by consumption, granted I was not breathalyzed.

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . Only when in custody does Miranda v. Arizona apply. Your confessions to the officers that you had 5-6 beers are admissible. What alcohol was found present after you consented to a search is admissible evidence against you. It will be used to substantiate your story.

    You were not coerced. You were cooperative. You willingly were a witness against yourself. That means you cannot use the Fifth Amendment as your defense.

    Do not try to defend yourself on the ideas you posted. All you will do in anger the judge by raising concerns that are not defenses and may be deemed .

    Instead, if you want to keep your record as clear as you can hire a defense attorney.

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