McGraw & Strickland, LLC

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Clients’ Rights

WHAT IF THE POLICE RECORD ME BEFORE THEY READ ME MY RIGHTS?

If an officer asks you questions about your case before Mirandizing you, you can normally get those excluded. This does not apply to traffic citations or DWI's in New Mexico, but for any other case an officer first has to read you Miranda rights before asking questions.

If an officer is recording on their webcam while asking me questions relating to circumstances surrounding what looks like a crime, but they have not yet Mirandized me, is that recorded material still admissible in court?

In order for the Miranda rights to kick in, you must be under formal arrest. If an officer is just talking to you on the street or asks you to come over and answer some questions, but hasn't arrested you, they don't have to Mirandize you.

But, if an officer were to arrest you, put you in handcuffs, sit you in the back of the car, and start asking you questions about the case with his camera on, and then you were to answer questions, and then he were to Mirandize you later, yes, we could get those earlier answers thrown out.

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McGraw & Strickland, LLC
165 West Lucero Ave.
Las Cruces, NM 88005

Phone: 575-523-4321
Fax: 575-680-1200
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