Miranda Rights Violation

My friend asked me to help him with a problem one of his friends had at school. Being that I like Law I decided to help him. Please tell me if you find any problems with my defense.

Situation:

Ray had a college orientation for incomming freshman that he attended. Ray was 19 and very excited about college. On the first night of orientation he called up two of his buddies from home (the college was close to Ray's home town) and told them to come by. The two friends brought a bottle of vodka, and the three of them went up to Ray's room (that had been assigned to him for orientation) and began to drank. Once they had finished drinking, and felt a little "wet", they decided to go to the gym for the festivities and maybe talk to a few pretty girls. While in the gym, Ray was approached by a Police Officer who worked for the school (A real police officer with a gun and everything), and was instructed both verbaly and physically to stand by the wall (physicaly: implying that the officer pointed to the wall, not grabbed him). Ray did so, and the officer started asking him questions: whats your name, age, DOB... When the officer concluded obtaining personal information about Ray, he asked him "Ray, have you been drinking tonight?", Ray replied "yes". At this time Ray's friends had also been stopped by police officers and were brought to the gym where Ray and the officer were. Each of them were instructed to sit down in the chairs infront of them (still in the gym). There were about 5 police officers there. The original officer who had stopped Ray, started questioning all three of the kids, and obtained information from them that they had infact been drinking alcohol. The officer turned to Ray and said "do you have any more alcohol in your room", Ray knowing there still was some vodka in the room, but just wishing the night would end replied "no." The poilce officer asked Ray one more time, explining to Ray that if he was lying he would be in big trouble. Once again, Ray replied "no". The officers then escorted Ray to his room where they found about 4 shots of vodka left in a bottle, and subsequently placed Ray and his two friends under arrest for (2c:33-15a), underage drinking. The three were brought back to the police station read their Miranda rights, and processed. Ray's father was called however and notified of the incident, and the three were released to their frined who was kind enough to pick them up.


Here's my deffense:


1.) Miranda Right Violation (Ernesto Miranda vs. State of Arizona 1966).
- When the arresting officer originally questioned Ray, Ray was both in Police custody (meaning did not have free will to leave the situation) and was being interrogated. The officer asked Ray if he was drinking and based on the confession by Ray, the officer arrests Ray. Persuant to the fact that Ray was arrested because he made a confession which lead the officer to have probable cause that there was alcohol in the room which lead to the arrest was unconstitutional because Ray had not been advised of his Miranda Rights.

2.) Violation of Privacy Rights afforded to an adult.
- Ray is 19 years of age, and is legaly emancipaded from his parents. The officer called Ray's father and advised him in detail what had happened that night, which is illegal because Ray is an adult.


Note: All the guys were 19 years of age
Note: None of the guys were found in position of Alcohol.


Tell me if you think Ray has a chance to get the case dissmissed, or if anyone has any other ideas. I will pass them on to Ray, as he will be defending him self in court in a few weeks.


Thanks.

 

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I am not a lawyer, and have not read the cited case.
That said, it sounds like a shaky defense to me.
I believe the miranda rights must be read at time of arrest.
Police question people on the streets all the time, and people (just as Ray did) volunteer information.
Ray did not have to volunteer any information.
Nor did Ray have to comply with the officer's request to search his room.
Since he did choose to voluntarily give the officer information and allow him to search his room (which, I am not sure if he has legal right to stop him, actually, if it is a dorm room) the evidence gained is not subject to the miranda rights.

As for calling the father...
It does sound like a violation of privacy, but that wouldn't get his case dismissed, since he was already arrested and it had nothing to do with the father, rather he may have some civil recourse.

 

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wouldnt school property be goverment property??? (i dont know the US but thats how it is here) if its goverment property then it can be searched at will without concent cant it?

As for calling his father did the cop ask if he wanted to call someone? thats what they did to me when they arested me and i refused so they didnt. I mean if he hadnt concented to having his parent called how did they get his name and number?

 

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It could be a private school.
Even if it were a state school, your personal dorm room could be exempt as a private residence. I don't know.

Good question.

It sounds very much like this guy cooperated with the police, then regretted it later.
Answered questions, brought them to his dorm room, opened the door and consented to a search, gave them daddy's number...
Maybe the judge will be lenient due to his cooperation, but it seems he has no chance of dismissal. If he tries to fight it on shaky grounds, there goes any consideration the judge would give him for cooperation.

 

Legally emancipated adults arrested for underage drinking. Sux.

 

So ....old Ray fucked up and broke a bunch of laws ....and now he wants someone else to be responsible for the trouble he brought onto himself? Why don't he act like an adult and take his punishment like a fuckin' man!?!?

Baron Max

 

Legally emancipated adults arrested for underage drinking. Sux.

i agree, move here

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the drinking age is 18 but the law is the law like it or not, why dont you all get together and VOTE and do something about it if you dont like it

 

Thanks for the input. The school is a State school, and No Ray did not consent to his father being called. A police officer is allowed to obtain information to identify a person Name, age, DOB, phone number, but that is not consent to call a parent. Also, the miranda rights state, that anyone in Police Custody and being interragoted (which Ray was), Ray was not at freewill to leave the gym when the officer was questioning him and was being interrogated, the offier must advise the suspect of his Miranda Rights.

Plus, Ray knows he was wrong, however when Ray got a $1000.00 ticket in the mail for this, and being that Ray is a college student, he had no choice but to try and fight it. WIth that being said, please tell me what you think. I will pass in on to Ray.

 

I think he wasn't in custody, therefore has no leg to stand on.
I also think he should face up to his responsibility and ask the judge for a payment plan rather than trying to get over when "he knows he was wrong".
I think this is indicative with what's wrong with the "justice system" and lawyers in general.
I think people need to have and display more integrity.

What do YOU think?

 

Fight what???? And fight by paying an attorney? And without an attorney, he won't get very far. ....well, unless he's a gay, black, muslim, jewish, pregnant woman!! ....and even then it's gonna be tough!

My guess is that he's gonna' have to pay it. Just them sending him the fine is pretty evident that they KNOW that he's guilty. So again ....fight what?

Baron Max

 

No. He won't be able to get it dismmissed. The fact is, he wasn't under arrest. The fact that he didn't know that he wasn't arrested doesn't change the fact. he could have told the officers that they weren't allowed to search his room. he could have told the officers that he didn't want to talk to them. But he was not udner arrest.

 

I think some people who are posting replies are: 1.) not reading my original post, 2.) idiots.

It was a College orientation, Ray never gave consent to search his room! The orientation leader lead Ray and the police officer to the room, and opened the room!

If you read the United States Constitution under the Miranda rights it very clearly says that you must be read miranda rights if you are in police custody, AND being interragoted. Custody does not automatically mean that someone must be arrested. Infact Custody is defined as: "The state of being detained or held under guard" and "not at free will to leave a situation". It says nothing about being under arrest! When you get pulled over by a police officer for speeding, or for blowing a red light you are technically "under arrest", you are not allowed to leave the road side where you have been instructed to pull over. Anything you say to a police officer during that time, must be done under your understanding of your Miranda Rights.

I think Ray has a very good case! Ray has an IQ of 163, and is one of the most articulate speakers I have ever spoken with. I'm sure that will get him a lot farther than some two bit lawyer who got his license from some "on-line" course.


IN THE END...

Information obtained from Ray while in police custody, and while being interrogated before Ray's miranda rights had been advised of him that subsequently led to his arrest is Unconstitutional!

The court date is on 9-20-05. Please post more comments.

 

get a lawyer?

 

Why?
So you can say, "You are wrong and stupid for disagreeing with me!"?
No thanks.