WHEN MUST the Police
give you the MIRANDA Warnings?
People ask me all the time: When MUST a Police Officer in NY give MIRANDA Warnings...
For a DWI traffic stop...NEVER.
The New York Appellate Division [Third Dept.] (where ITHACA and most surrounding counties belong) (the state's 2nd highest court) has held that:
for purposes of an "investigatory DWI traffic stop" police officers are NOT required to give MIRANDA Warnings...and if you say or admit something --it will likely be admitted into evidence against you.
The law requires that if you are in "custodial interrogation" :(meaning you are under formal arrest or could reasonably believe that you are under arrest [or your freedom is curtailed as if you were arrested]) you should be given MIRANDA Warnings or whatever you say while in custody MAY NOT be admitted into evidence against you...
I say "may not" because asking the Court to suppress evidence is always a big question mark...
PRACTICAL BOTTOM LINE:
MIRANDA Warnings or NOT... you should expect that ANYTHING you say to the police can be used against you in Court. The best bet is to say nothing at all --other than, "I want a lawyer."
(Yes, as a lawyer, I know that is self-serving, but it is still your best level of protection from incriminating yourself.)
BY: Attorney Mike Cyr
P: 607-229-5184
Twitter: @ithacadwi
