Amelia Lewis

Yeah.

Yeah, this is a common misperception.

We all grew up watching crime shows and you see, you know, you got the right to remain silent and all that as soon as the cuffs go on.

So people assume that you have to read Miranda Rights, but otherwise the case gets thrown out.

But it's not true.

Miranda only applies to what we call a custodial interrogation.

So number one, the person's got to be in custody, and two, it's got to be an interrogation questioning by the police.

Think about every time you get pulled over for speeding.

The cops can come up to you.

They can ask you questions.

Do you know why are you speeding and all this kind of stuff?

They don't have to read you your rights simply because they are doing an investigative type of stop.

So this is much ado about nothing.

There's nothing wrong with the questions that were asked.

The

Prior to the handcuffs going on, there's nothing wrong with the search.

There's nothing wrong with the questioning that was done after the Miranda rights because, after all, he committed a state law crime by providing a false name to these officers.

So I see no problem with it.

And like Dave said...

defense lawyers, they need to do this.