Any evidence or statement made by a person prior to his arrest may be used against him if the officer has reasonable suspicions that support his decision to carry out the arrest. Once a person has been detained, statements made in custody cannot be used against them unless they have been informed of their Miranda Rights, which implies the right to remain silent.
There is a concept called res gestae, which is a Latin term that basically means something that happens at the same time or during part of the arrest. In other words, statements made at the time of an arrest or as a result of an arrest may be admissible against a person even if they have not been informed of their right to remain silent. The distinction here is that once a person is in custody, statements cannot be used against him if they were the result of interrogation in custody and if the person was not informed of his right to remain silent.
In a DWI arrest, a person is usually detained, investigated, and asked to perform field sobriety tests. They can be arrested and not informed of their right to remain silent. In such circumstances, many people will think that since they were not informed of their right to remain silent, the case will be dismissed.
However, this is not necessarily true. Typically, the police bring a person to the police department, ask them to take a breathalyzer or blood test, and then inform the person of their right to remain silent before going through a list of questions carefully prepared, which basically read like a script. Talk to your Baltimore DUI lawyer about avoiding conviction. At that time, they are questioning the person and must notify that person of their right to remain silent in order to use the information they obtain.
What Kind Of Training Do Police And Law Enforcement Receive In Questioning People?
Detectives and patrol officers are trained to question people so that they make incriminating statements. Detectives undergo additional training to use psychological tactics and methods to obtain incriminating statements. They usually ingratiate themselves with that person, make them feel comfortable, and give the impression that they are there to help. In fact, they might even lie to the person or appeal to their conscience. They are highly skilled at asking questions from different perspectives in ways that require certain incriminating answers.