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).*