Interview with handcuffs.

my wife was taken to the police station for questioning, when she asked if she was being arrested they said no, but they handcuffed her anyway due to procedure. is this right? also since she wasnt being arrested is any information obtained without her consent, they took her wallet & cellphone, admissable as evidence?

Typically here is the deal when it comes to questioning or interrogation.

There are two types of interrogations. The non-custodial interrogation and the custodial interrogation. The non-custodial interrogation is when you are brought to the police station but they don't consider you to be in police custody. This means that you are free to leave at any time. This sounds like the non-custodial interrogation is what they wanted your wife to believe she was there for.

The custodial interrogation is when the police are interrogating you and you are not free to leave. If they had your wife handcuffed then I would argue that she was definitely not free to leave. Also, if they had her cell phone and wallet that may be another argument that she was not free to leave.

The non-custodial interrogation does not require Miranda Rights to be read. The custodial interrogation does require that the police read you your rights. Was your wife read her rights? From the information you provided I would guess not. Not being read her rights and being interrogated and not free to leave may be considered an illegal interrogation. Typically, evidence obtained directly as a result of the illegal interrogation cannot be used as evidence against your wife. Also, any statements made during the interrogation many be excluded at trial if she is charged with anything.

My wife states that at no time did the police officers let her leave, the detectives would answer her cell phone & went through her wallet. I spoke with the detective when the detective answered my wife's cellphone they did state she was not under arrest.

Specifically in Illinois anything that was obtained as a result of this interview as far as information should be inadmissible? ie credit card, ebay, paypal accounts & records. am I safe to assume this?

Carter, Unfortunately I do not reside in Illinois and am not versed in the laws of that state. In many states if the police are found to have been involved in a custodial interrogation and did not read the suspect their rights evidence obtained MAY be inadmissable.

For more specific questions you will want to speak to an attorney in your area for legal advice.

Thanks.

would you recommend anyone in Chicago, Il.?

I used the site that we are on now, legalmatch.com, and found an attorney in my area. Just follow the steps.

as far as information should be inadmissible? ie credit card, ebay, paypal accounts & records. am I safe to assume this?[/quote]


I am just curious but what was she arrested for ? You mention Ebay and credit cards and paypal ? Was this a fraud case ?