Jurisdiction or Procedure and Thoughts

[Catalyst]

Hello.

These events occurred in Western PA from the times of about 9:45 pm - 12:45 pm on a Monday evening. A road/traffic dispute was occurring, I was the preceding vehicle. I travel through Jurisdiction "A" to get home in Jurisdiction "B." The road dispute occurred in Jurisdiction A and escalated < 1 mile away from Jurisdiction "B" after both the other party and I pulled off into a parking lot right off the main road. This was silly of me as I could have just kept driving. A few minutes time, both people from the other car and I were in an argument in the parking lot. The passenger punched me in the face. I returned to my car to call the police. During that time the other car drove from the parking lot and after dialing police I followed them. About 1/4 miles down the road we are in Jurisdiction B. Instead of calling 911 I had called Jurisdiction B police, a number I've known since grade school. I explained to them the situation that occurred they told me that they were unable to help me because the events occurred in Jurisdiction A. However they remained on the phone with me and about 1 mile further up the road the other vehicle and I pulled into a fast food parking lot where I told the police the vehicle was parking. A few minutes later Jurisdiction B officers arrived. They originally approached the other car. They then came to me in a coercive manner asking questions. I told them my side of the story and furthermore was put to a sobriety test and vehicle search with my consent (although I told them they could administer a breathalyzer instead, the sobriety test was still put forth). There were not any issues with the sobriety test or search. Nearly 40-50 minutes after Jurisdiction B police arrived, while sitting in my vehicle I noticed Jurisdiction A's police SUV arrive (we are still in Jurisdiction B). The officers were talking to each other. Next, what happened was the officer from Jurisdiction A asked me to step out of my vehicle put my hands behind my back and that I was under arrest, only discussing the events with the other police.

I currently have misdemeanor charges from Jurisdiction A. One charge asserts tampering with evidence, that I believed an official investigation was occurring and removed information from my cell phone. Jurisdiction B officers told me they were unable to do anything over the phone and I never made communication with Jurisdiction A until I was questioned at their police station! Is it right for them to assume I believed an investigation was taking place when they said that I needed Jurisdiction A to take care of the situation? When I was put into custody by Jurisdiction A after they obtained information from Jurisdiction B would there have to be an immediate need to waive my Miranda rights? My lawyer is trying to reduce my charges to where I would take a rehabilitation course and have this expunged. In my opinion the police did not conduct the arrest correctly, and this is a subject in which I am not familiar. Any inputs would be greatly appreciated. Thanks.

[cahoonzie]

Jurisdiction is not the issue. The issue is whether you were DUI or not under PA State Law. Jurisdiction A and B are both within the Commonwealth of PA. PA has personam i.e. personal jurisdiction over you in every part of PA. Secondly, Miranda rights DO NOT TAKE EFFECT UPON ARREST i.e. custody. This is a big mistake made by law students and lawyers. Do you think because you are arrested, you must be read Miranda? Even if you are read Miranda, you must react assertively for these rights to trigger.

Miranda is a creative "right to counsel" invented by the Court and constructively applied to the 5th under self incrimination. Herein lies the problem of crime specific v. the true right to counsel under the 6th (to much explanation for this post).

The point is that custody (arrest) has nothing to do with Miranda. The officer may legally arrest you and NOT read Miranda. The fact is that the arresting officer HAS NO OBLIGATION TO GIVE THE MIRANDA RIGHTS UNTILL OR UNLESS HE BEGINS INTERROGATION (asks you specific questions). Then, you must assert rights. Miranda does not invoke proceduraly.

[Catalyst]

What do you mean by your first statement, "The issue is whether you were DUI or not under PA state Law?" I was not DUI and have resided in PA my entire life. I fully understand Miranda. However, if Jurisdiction B officers gave to me information over the phone and told me that Jurisdiction A is the one to handle the situation and they are unable to provide help... what allows them to hand over information to Jurisdiction A to succeed in an arrest such that Jurisdiction A had not obtained any initial information from myself or the alleged victim(s) before the arrest? It seems that when Jurisdiction B stepped up to my vehicle and immediately asked me questions without even asking for identification this would be considered a detainment. Their "investigation." This should be considered an interrogation, "UNLESS HE BEGINS INTERROGATION (asks you specific questions)." There were specific questions asked to me by Jurisdiction B and once Jurisdiction A made the arrest from knowledge through Jurisdiction B it transferred the detained questioning and should have immediately evoked my rights? If I am confused or incorrect please explain where and why. Thanks.