Attorneys for former University of Alabama basketball player Darius Miles claim that he was questioned for hours without being read his Miranda Rights.

Miles’ team of lawyers have filed a motion asking that his statements to investigators before he was read his rights be tossed out.

Miles and longtime friend Michael Davis are charged with capital murder in the Jan. 15 shooting death of 23-year-old Jamea Jonae Harris, a Birmingham mother.

The suspects claim they acted in self-defense, and both are seeking to have the charges dismissed under immunity laws.

The latest motion filed by Miles’ team of attorneys – Mary Turner, Kayla Griffin and Grace Prince – contends that statements made by Miles early that Sunday morning were illegally obtained.

The suppression motion states that Miles was questioned by members of the Tuscaloosa Violent Crimes Unit at University Downs apartments.

“At the time the Violent Crimes Unit obtained statements from him at University Downs, a reasonable person in Darius’s situation would believe that he was in custody,’’ the attorneys wrote.

Miles was then taken to by investigators to headquarters where he was “locked in an interrogation room and was subjected to a line of questioning that was accusatorial in nature,’’ the motion states.

An investigator – Jeffrey Miller – “continued to interrogate Darius for over four hours without ever reading the defendant his Miranda warnings,’’ lawyers claim.

Within minutes of starting the interrogation, the motion states, Miles was told that someone had been killed.

After more than four hours of the interrogation, Miller stated, “I got to read you something called your rights, okay? You’re not under arrest, it’s just a procedural thing we do because somebody was murdered. Alright, I’m just gonna be straight up with you, alright, somebody was murder last night. I mean, I think you know that already, alright, but that person passed away and so, procedurally, I’m gonna read you your rights, okay?”

The lawyers’ motion states that Miranda warnings are not a procedural thing done every time someone “passes away” or even is “murdered.”

A defendant can waive a Miranda warning and continue to speak with investigators as long as it’s made voluntarily, knowingly and intelligently.

“Telling Darius that reading him Miranda was ‘just a procedural thing we do’ because someone died makes any waiver by Darius unvoluntary, unknowing and not intelligently made,’’ the motion states.

The investigator, according to the motion, then read Miles the Miranda warning, asked for his “autograph” and asked him if he was going to put his basketball jersey number beside his signature.

“Miller then had Darius repeat those same previously unwarned, illegally obtained statements,’’ lawyers contend. “Miller also used the same previous illegally obtained statements to confront Darius.”

“Miller’s ‘question first’ strategy and use of mid-stream Miranda warnings violated Darius’s Fifth Amendment right against self-incrimination,’’ the motion states.

“Therefore, all statements given by Darius Miles to law enforcement were illegally obtained and inadmissible.”

As of Monday, there had been response filed by prosecutors or the judge.