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  • Mirandizing and Ticket Question

    Ok, I have a couple of questions from one of my old class mates and friends(though weve kinda drifted apart some since i decided to become an LEO)

    anyways,

    Q1: his friend got arrested for starting a fight, my friend nick asked if the cops had to mirandize him for this charge, i told him i seriously doubt hed get off for not being mirandized on such a small charge and taking it to court on that would probably cause more problems than its worth

    Q2: nick also was stupid and got an MIC, he wasnt breathalyzed but the cop did do the "follow the pen with your eyes" test and nick doesnt know if he passed or failed, his question was whether or not he has to be breathalyzed and if not if on the ticket it has to be indicated what tests he failed to show reasonable cause to give him an MIC. I told nick that he also is probably ganna face the ticket because he told the cop he had had a few drinks(not whole beers but drinks from one beer) and because the cop found him holding the said beer

    both cases took place in Laramie, Wyoming. and on a personal note im not trying to get them off, but he asked me, i didnt know so i thought id ask someone who would and get back to him

  • #2
    A1: No. The only time Miranda has to be read is once a suspect is under arrest and the line of questioning relates to the charge. Asking a suspect "What happened?" would not need a Miranda because the police officer is merely trying to figure out what happened, the suspect isn't a suspect yet.

    A2: I don't kno w what MIC is. But the test you refer to, Horizontal Gaze Nystagmus (HGN) is a pretty good indicator of whether or not alcohol is in your system. It's based of involuntary eye movement and so it can't be "faked".
    You have no right to not be offended.-Neal Boortz

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    • #3
      On Q1: the officer does not have to mirandize your buddy. Just in the movies. Some officers do at time of arrest and some don't. Poicy tends to dictate. If he were to be questioned about a crime then he would have been mirandized.

      Q2: Not sure what an MIC is. I'm guessing either a drunk in public or minor in possesion. Either way, the breathelizer is not the determining factor in the charge, so it mean little. The officers observations are what counts and holds the weight.

      Tell your buddy to suck it up and next time don't get stupid.

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      • #4
        thanks guys, i called him and told him so no more replys are neccesary to this question. I figured thats ho itd be but thought id make sure

        and an MIC is a Minor in Consumption, MIP in SD means youre underage and just in the illegal ownership of alchohol, MIC means youve illegally consumed alchohol. again thanks for the replies guys cant wait to join the ranks ^^

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        • #5
          Typically for a possession charge (MIC, DIP, etc) you do not have to be breathalyzed, the odor or officer's observations are adequate if properly articulated. The only reason to breathalyze is to determine the blooad/alcohol level to prove intoxication (since there is a level requirement for DUI).

          As far as information of rights goes, it only applies when the suspect is in custody and being questioned directly about a crime. If someone is arrested for an offense and is not being questioned by the police then they do not have to be informed. Hell, the only reason we still inform (according to SCOTUS) is because of the movies and media.

          -web
          "there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

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          • #6
            It was enough for the MIC based on the fact he admitted it. In Alaska, I could have got him just for holding the beer. The HGN (eye test) is probably the most accurate drunk test short of blowing into the machine.

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