Depending on the situation and state laws, it's actually NOT illegal to be drunk, regardless of your age, so you might wanna start researching that first. However, if you were causing a disturbance, or driving, or you had the alcohol with you at the time you got arrested, then yeah, it's illegal. At least that's how the law works in Missouri. But, a cop should always read you your rights anyway, and I do believe that it's illegal to do so. If not illegal, you can claim wrongful arrest and shoddy police work. That has the potential to throw the case out of court completely. If the cop messed up, he has no grounds to follow through in the case.
Well its not illegal to not read the miranda rights, but u will automatically win in court because it will thrown out because your rights were not read to you.
And if you're not lying and your brother and friends indeed didn't have the alcohol with them at the time of the arrest, then the cop was in the wrong, assuming they weren't causing a disturbance. To reiterate, it's not illegal to be drunk or high on any drugs, so long as you don't have the drugs with you, you're not driving, and you're not causing a disturbance. But, texas might be different, since they're all conservatives and stuff. <_<
I thought you had to be read your rights for any situation. It's prolly not illegal but its not good.
Well they were out past curfew be4cause we didnt have school today so they stayed outside later than normal talking on the tennis court and had no alchohol with them they had alchohol in their system but what each one said individually was that they didnt do a breathalizer test and put down they were intoxicated.
I think it's illegal. Everyone has rights. Suspects to. So if you arrest someone, you must say his rights.
actually, you can get out of thew whole thing if its found out they your rights were not said to you..
k its illegal my mom was a cop for a very long time and i asked her. If you were not read your rights you are a free man trust me if you need anymore info about where the law states that or need any other references just pm me
You must be read your miranda rights whenever you are arrested, no matter what you are arrested for. Its a law and I think its also a amendment.
Yes and you will not be held against those charges since you can't be held in contempt becuase you were never told you were
this being drunk in public thing is complete bull----. if you're not creating a disturbance it shouldn't matter if you had a little too much to drink. I'm not sure but i think they should have to read you your rights.
i know for a fact that if they dont read ur rights and u say something like u admit ur guilty that they have to let u go
I heard something like if a cop doesn't read you your rights then the case can be void, because it's a requirement. How exactly you'd go about proving that I don't know.
