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Detention Under the Fourth Amendment

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) 865-0741.