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custody Tag

One Phone Call: Your Rights in Police Custody

One Phone Call: Your Rights in Police Custody

After you are arrested, you have certain rights that the police cannot take away from you. All people should be aware of these rights in case of arrest for any type of crime so that they can protect themselves. The Right to a Phone Call First, you have the right to make a local phone call to the person of your choice after your arrest. You may want to call a close family member, friend, or lawyer. It may take a while for you to have access to a phone after the arrest, as you may need to go through the police...

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Child Endangerment and Drunk Driving

Child Endangerment and Drunk Driving

Driving drunk with a child in the car can have serious consequences. In Oklahoma, not only can drivers be charged with driving under the influence of alcohol, but they can face increased sentences and child endangerment charges. Oklahomans receive child endangerment charges frequently because their children are in the backseat while they drive drunk. Under Oklahoma law, child endangerment occurs when a parent, guardian, or person who has custody or control of a child either: Is the driver, operator, or person in physical control of a vehicle who is driving under the influence of alcohol or another intoxicating substance while transporting...

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Custodial Interrogation During Traffic Stops

Custodial Interrogation During Traffic Stops

The question of when custodial interrogation starts during traffic stops has challenged courts for many years. Choosing a definite rule as to when someone is in custody affects the timing of Miranda warnings. If a police officer waits too long to read Miranda warnings during a stop, the driver can challenge admissibility in court of any statements he makes after the stop becomes custodial but before the warnings are read. In one of many attempts to determine when “custodial interrogation” begins, the Supreme Court considered the case of Berkemer v. McCarty, 468 U.S. 420 (1984). In the case, a state police...

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