[dasboot]

An arrestee must be given Miranda warnings only if he is subjected to QUESTIONING that may incriminate. If the police have no QUESTIONS, no Miranda is triggered. Any evidence acquired w/o Miranda, in response to questioning, is not allowed in testimony before the court. Voluntary utterances are...but some departments have a POLICY that requires Miranda at the initiation of arrest, just because it smooths the way to using voluntary utterances w/o having to prove the statements were voluntary.

A phone call is mandated, but only required when the arrestee has submitted voluntarily to the booking process. If the arrestee refuses to answer questions like name, address, etc, or refuses to submit to fingerprinting of photographing, the call can be legitimately withheld. I suspect the gentleman refused to be booked.

[Clump]

Without more facts surrounding the police conduct, and what evidence was used in court, it is impossible to conduct a legal analysis of the situation. You are correct regarding Miranda. There is also a question of whether he unequivocally asked for an attorney. I would like to know more about this case. I would also like to know who his lawyer was during all this. It sure seems like he got the shaft.