California DUI Arrest


Detention vs Arrest

Three Levels of Police Encounter
(1) consensual contact- The Stop
(2) detention- Can be held for 24hrs without probable cause hearing
(3) arrest
(a) Miranda Rights – Custodial status- still an open issue. People v Lopez. state supreme Ct. ruled people stopped for traffic infractions are "under arrest", though Miranda custody was not in issue. Other court ruling have ruled that the field sobriety test and the chemical test are not "confessional" in nature. (b) no warrant necessary for misdemeanor ‘in the presence of an officer’, or with a complaint filed by a citizen.

Miranda Rights Field Sobriety tests are not "communications" . . .they are considered "routine booking questions" and therefore not incriminating. How does Custody relate to Miranda Rights?

What constitutes "custodial interrogation" within rule of Miranda v Arizona requiring that suspect be informed of his federal constitutional rights before custodial interrogation. California Supreme Court stated that in determining whether or not a defendant is "in custody" for purposes of the Miranda warning requirement, the "ultimate inquiry is simply whether there is a ‘formal arrest or restraint on freedom of movement’ of the degree associated with a formal arrest" .."the test, of course, is an objective one – how a reasonable person in the suspect’s position would have understood his situation."…."Would such a person feel that he has been subjected to restraints comparable to those associated with a formal arrest? If so, he was ‘in custody’ and entitled to Miranda warning.

Have you been arrested for a DUI? Contact a California DUI Attorney.

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