Custodial Detention/Interrogation

Miranda Rights in Bucks County Crimes

If you are questioned by a police officer, no Miranda Warnings were given, and they intend to use the statements against you, were your rights violated?  Possibly.

The first thing to explore was whether you were subject to a custodial detention and interrogation.  

The court in Commonwealth v. Fento from 1987 stated, 

The test for determining whether a suspect is being subjected to custodial interrogation so as to necessitate the warnings listed in Miranda is whether he is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation. The warnings are necessary only on those occasions when a suspect is undergoing actual "custodial interrogation." The fact that a defendant was the focus of the investigation is a relevant factor in determining whether he was "in custody." However, the fact that a police investigation has focused on a particular person does not automatically require the warnings. In addition, a suspect may be "in custody" even in instances where the police have not taken him to a police station or formally arrested him.

Suppressing Statements

There's a lot of issues in determining if you were in custody and a lot more pursuant to a vehicle stop.  But, I have had cases where a Motion to Suppress was granted when a person was surrounded by police, told not to move, and then asked questions where they made inculpatory statements.  

Essentially -- would a reasonable person think they were free to leave?  There are a lot of factors involved in this and a lot of those factors rely on the police behavior at the scene.