Protect Your Rights: Understanding Unlawful Interrogations and Evidence
Let’s say you’re driving down the road and get pulled over. Maybe it’s for reckless driving or suspicion of DUI — whatever the reason, you end up being arrested and taken into custody.
Now imagine this: while you’re in custody, before anyone reads you your Miranda rights, the police start asking questions. During that conversation, you admit to committing multiple murders — and you even tell them the weapon is hidden under your bed at home. Based on that statement, they get a search warrant, find the weapon, and charge you with murder.
Questioning Without Miranda Rights: Legal Implications
Is that legal? Can they use that evidence?
That’s what we’re talking about today.
I’m Carl Birkhead, a Tulsa criminal attorney with Wirth Law Office. I’ve been practicing family and criminal law for nearly eight years, and my goal is to help make law easy.
The Fruit of the Poisonous Tree Doctrine
Here’s the deal: there’s a legal concept called Fruit of the Poisonous Tree. It means that if law enforcement uncovers evidence through unconstitutional or improper means — like questioning you without a proper Miranda warning — that evidence may be excluded from your case.
In the example above, you were in custody and being interrogated, but you hadn’t been Mirandized. That’s a problem. Even if the search warrant they later obtained was technically valid, the information they used to get it came from an unlawful interrogation. That means the evidence — in this case, the weapon — could be thrown out. Why? Because the root of the search was poisoned by a rights violation.
Protecting Your Rights Post-Arrest
This is exactly why it’s so important to know your rights and to exercise them. If you’re in custody, say nothing and ask for an attorney. Don’t assume that just because something was found later on, it’s automatically admissible.
And if you did make a statement before being Mirandized, and it led to key evidence, all is not lost. That could be a strong point in your defense, but you need legal help to make that argument.
Start Your Defense: Schedule a Consultation Today
If you’re in this situation or have questions about how your rights were handled, give us a call. Let’s talk through it and make sure your defense starts on solid ground. My name is Carl Birkhead. I’m a Tulsa DUI attorney with Wirth Law Office, and I want to help you make law easy. Call 918-879-1681 to schedule your low-cost initial strategy session today.
