877.111 notice to appear in court. inhalation of fake weed... incense.

[jojopep]

My boyfriend blacked out while driving and ran into the side of the road. Someone saw an called the police. no one was hurt. when the police got there they asked him what happened and he told them he blacked out. They asked him if he took anything and could see in plain view some fake weed.. Incense. They asked if he smoked any and he said yes. They asked if he had any more and he said no, and asked if they could search the car. The police said he told then yes but I don't know. anyways the searched the car an found some more on the floor in the car. I was in the process of calling his phone when the officer answers and tells me weekday happened and that since if was my car if I could get someone to drive me to pick up the car they would not tow it. Sooo I went. When I got there an hour later they told me that he was arrested but there were not going to take him to jail. That he would have to appear in court at the end of the month. when he asked about his moranda rights never being read to him... the officer said that she didn't have to because she is not taking him to jail. She told him again he needed to sign the paper and he did. She did not give him ANY paperwork. Just said to call in a few days to find out what time to be at court. That's it.

[Friend In Court]

What is your question?

[jojopep]

Did she not have to read him his rights? Was he suppose to receive some paper work saying he needed to appear in court or was the verbal notice it.

[Friend In Court]

A citation with notice and promise to appear in court is not an arrest. Only when one is facing arrest, taken into custody, is it necessary to read one their Miranda rights.

[jojopep]

The police officer said.it was an arrest I am just quoting her. Thank you about the clarification on the miranada rights. Do you know of he was to be given a copy of the citation? We were given nothing.

[BOR]

Originally Posted by jojopep The police officer said.it was an arrest I am just quoting her.

While there is such a thing as a so called "traffic arrest", placing a person in the back of a police car, and at times that is a functional arrest that requires probable cause, the issuance of a citation is NOT an arrest, that is settled law.

While Miranda pertains to custody or seizure of the person, the general roadside questioning of a detained motorist is NOT custodial for purposes of Miranda under the federal constitution.

Do you know of he was to be given a copy of the citation? We were given nothing.

If the charge was made then, then a copy should have been provided, Due Process requires that. I would imagine your state law provides that also, mine does.

You are free to do what you wish, call or not, but me personally, if I was not given a copy that requires a signature, I would just wait on it, let them contact me. This is not a cat mouse game where the citizen has to find out if they are charged.

Thank you for your help. I'm still worried about not showing up in court because the paper he signed was a written agreement that he would. Also we were told that if he did not show that a warrant would be put out for him.

[BOR]

Originally Posted by Unregistered Thank you for your help. I'm still worried about not showing up in court because the paper he signed was a written agreement that he would. Also we were told that if he did not show that a warrant would be put out for him.

I understood that nothing was signed nor was copy given to him?

If he has knowledge of a time and place to appear whether he has a copy of any paper or not, is to do just that, show up. An objection to technical procedure can be made in court.

He did sign a paper, I believe it was a written agreement to showup in court...but it was dark out and I couldn't really read all of it.

The only thing I was given was.a card with the officer name onit and a case.number. The officer told me I could call in a few days and get a copy of the report.