Why you need to know your rights

As this case brought to us by the Fourth Amendment Blog reminds us, the police know the rules about people’s rights and most people do not.  Mirandia only applies when a person is in custody or reasonably believes that they are in custody.  It does not usually apply when law enforcement is just interviewing a person during their investigation.  So know your rights before interacting with law enforcement.

OH3: Defendant not in custody when he consented to DNA sample

Defendant was not yet in custody when he was Mirandized and lawyered up. Then the officer asked for and got consent for a DNA sample. “Frazier knew he was not under arrest and was free to leave at any time. We also cannot find any sign that law enforcement’s actions were so coercive that Frazier’s will was overborn.” Defendant wasn’t in custody so that did not violate the Fifth and Sixth Amendments. State v. Frazier, 2013 Ohio 142, 2013 Ohio App. LEXIS 115 (3d Dist. January 22, 2013).*

About Aaron Law Firm

Aaron Law Firm handles criminal cases in city, state and federal courts in the state of Alabama. If you are accused of a crime it has to be taken seriously, even accusation of a crime can have serious effect on many different areas of your life. If it is a DUI or something more serious it has to be taken as a threat to your freedom. After you have been accused of a crime, you should always consult a lawyer before talking to the authorities . Seek immediate legal counsel and make sure your rights are protected.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: