I think i got arrested?

Question

ok so i was caught smoking weed today with 2 friends at a park and they didnt tell me i was arrested at all but i got cuffed, went down to the station and was held for about 6 hours sitting in a cell

i got a couple questions:

1. if i was put in cuffs and was questioned ( where do i live, where do i get my weed from, etc) and put in the wagon without the cop telling me i was arrested or reading me my Miranda rights, is this legal? can i pursue further action?

Answer 1

yes you were arrested. They don't have to read you Miranda or formally say "you are under arrest". You are required to give certain information like name and D.O.B, etc. Asking for information like where you bought the weed from was more for there own information so they know whats happening in their area.  You are not a victim.

Answer 2

Some incredible thoughts here. You were detained and questioned. By law, the police are allowed to do this without a formal charge being presented.

If you photographed, printed, formally charged and stood in front of Judge to set bail, then you are looking at a criminal charge in a court of law.

From your description, it sounds as though an investitgatory interview was held. By your description, it sounds as though you should have been Mirandized to protect yourself, but also consider that if you voluntarily answer questions, those answers can be used in a court of law.

If you are formally charged later with the commission of a crime, this would be a very valid point to bring up with your attorney. It could mean everything that is being used against you MIGHT be invalid if your rights were not read.

In terms of pursuing legal action from your part, I would say to wait and see if anything comes from this. The Police were within the scope of their job to detain when an infraction of the law was seen to be committed. If it doesnt go any further, I would personally let it all go.

Best of luck and I hope this is useful to you

Answer 3

You were definitely arrested. Unless the cop car had a camera that has not been tampered with to proove that you were not read your Miranda rights, there is nothing you can do, because it is a cop's word against a criminal's word.

Answer 4

You were detained. Based on the way they handled it, I doubt you will hear any more about it. If you do you should get a lawyer because they needed to give you your Miranda rights before questioning you while you were in custody. If they don't press any charges it isn't worth pursuing further action. Generally the police hand you a citation or tell you they will be mailing you citation if they plan to take legal action.

Answer 5

This is a good question and it is important to get this cleared up.  Did anyone say the words "You are under arrest?"  Did they charge you with being in possession? (a criminal offence).  It is possible to be arrested, questioned, not charged and released.  

Get some help to find out whether there is a charge against you and whether your case is being referred on to court.  Go to legal aid if you need to.

Answer 6

if you were put in handcuffs and put into a cell then yes you were arrested. unfortunately there is nothing you can do because it is the cop's word against yours. good luck

Answer 7

This is not casting judgement:

Do keep in mind that your memory will be questioned, as you were caught smoking pot.

Answer 8

If they did any or all of the following you should worry.

1. Read you your rights.

2. Wrote and gave you a ticket.

3. Took your mug shot and finger printed you.

4. If your under 18 and called your parents or guardian.

If they didn't do any of the above, then I would leave it alone and take this as a very good lesson learned. Watch out for the next time you decide to smoke in public, you might not get off so easily. Good Luck.

Answer 9

They are legally entitled to apprehend and detain you. They don't have to read you your rights unless they intend to charge you.

Answer 10

Yes, your Miranda rights should have been read. If your just being questioned than that's just being detained. Huge difference. Get a lawyer, contact the D.A., and call the Chief.

Answer 11

An arrest is defined by not being free to leave.  While handcuffed and transported to the police station and in a cell for 6 hours, Yes, you were not free to go and were under arrest.  Unlike TV and movies, it is not uncommon for the police not to advise you of your Miranda Rights.  In this situation, if you voluntarily answered the questions, I don't see any objectionable action against the police.  Don't talk next time.