Custodial Detention
The Police can only ask you certain questions at certain times.
Police have to follow the law when they start to ask you questions.
The terms Custodial Detention and Interrogation are very important to any DUI attorney who is evaluating a client’s stop/arrest by a police officer. Custodial Detention means that an officer is preventing you from leaving the scene or the police station. The Supreme Court of the United States has held that such a detention is a violation of your Constitutional right to freedom.
Interrogation is just what it sounds like, when the officer or detective begins asking you for facts regarding their investigation into a crime. Because you have Constitutional rights to protect yourself against detentions and interrogations, officers must jump through certain hoops before you may be detained and questioned. The primary hoop is your Miranda Rights. (You have the right to remain silent, etc...) Once you are under a custodial detention (prevented from leaving), you must be read your Miranda Rights before an officer may ask you certain questions. Hhow does this apply to DUI’s?
When you are stopped by an officer, he may ask you to produce a driver’s license and registration without placing you in custody because such a request is part of a basic police investigation. General on-the-scene investigatory questions intended to determine if a crime has been committed are not deemed to be custodial in nature. Finally, the fact that you were in an accident and may be subject to hospital restraints does not render routine investigatory questioning custodial unless you reasonably believe that your freedom of action is being restricted by the police at the time of questioning.
The issue of Custodial Detention plays a large role in the defense of a Pennsylvania DUI charge. Our experienced attorneys will know exactly what you look for in providing your DUI defense.
At Morrow & Artim, we offer a no cost, no obligation review of your DUI or criminal law matter via a short telephone consult or an email reply. If both you and our firm agree that legal representation is required, an in-office appointment will be scheduled.Call Morrow & Artim today at 412-823-8003 to obtain the legal help that you deserve.
