Many of us are aware of our rights, including the Fourth Amendment, which
prohibits unreasonable searches and seizures without a legal search warrant,
which can only be obtained with probable cause. The 1984 case, Berkemer
v. McCarty, was a decision of the United States Supreme Court and ruled
that in the case of a person stopped and taken into custody by a police
officer for a traffic misdemeanor, they are also entitled to the protections
of the Fifth Amendment. Fifth Amendment rights, which are the reading
of Miranda Rights, are thus to be given to people who are taken into custody
for a multitude of reasons, not just the most extreme cases.
The Miranda rights are to be read to all people facing custodial interrogations,
even including those of minor traffic offenses. However, routine questioning
of motorists detained due to traffic stops is not considered to be custodial
interrogation under Miranda. If you are taken into custody for whatever
reason, the police officer must read you your Miranda rights--even if
the resulting detention is quite brief.
Contact Us for a Dublin Criminal Defense Lawyer
If you or someone you know has been unfairly treated during a stop and
seizure, you have rights that our Dublin criminal defense lawyer is willing
to fight for. At the Law Office of Ivan O.B. Morse, our legal team is
dedicated to advocating for the justice of those wronged by law enforcement.
Attorney Morse is a former police officer, and this previous role gives
him great insight into the inner workings of proper protocol in law enforcement.
With over 35 years of experience, our legal team is well-equipped to defending
you in case your right to the Fourth amendment has been violated.
To schedule an initial consultation, contact us today by calling (888)