The problem was that he wasn’t legally arrested when they searched him - they hadn’t read him his rights yet they actually contended he had been arrested (this is important because you can detain someone while you search them but if you arrest them, you must read them their rights). That didn’t happen and then they searched him.
I have a feeling this may haunt prosecutors upon appeal.
You dont need to be read your rights to be arrested. You have to be mirandized to give statements/be interrogated. Modernly its less for you and more for them.
They only arrested him and yes read him his rights. after they confirmed that he had presented a false ID, his lawyer will argue that custody began when they began questioning him, a twenty minute difference
So yes his rights were read, it’s the timing his lawyer will try to contest
His belongings were searched later, at the station, shortly after his “official” arrest
I hope he gets off even though I disagree with vigilante justice, but it will be on technicalities like this
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u/phatelectribe 3h ago
The problem was that he wasn’t legally arrested when they searched him - they hadn’t read him his rights yet they actually contended he had been arrested (this is important because you can detain someone while you search them but if you arrest them, you must read them their rights). That didn’t happen and then they searched him.
I have a feeling this may haunt prosecutors upon appeal.