Im 18 and was pulled over (with marijuana) for a headlight out, the officer asked me for my license and then went and did his thing, when he came back to my car he said he was just gonna give me a warning and then asked if I had anything illegal in the car. I said "no officer" and then he leaned his head in the window and smelled and then said "can i search your car?" I said "no officer I do not consent to searches". he then said "oh really you dont? Well I smell a green leafy substance and i think it's weed so I have probable cause" and then he asked if I have anything illegal again and I told him "yes I have marijuana". And he then detained me in his car and searched my car and got my marijuana". He never read me my rights or even told me I was under arrest. he did ask me questions such as "when was the last time you smoked? (I assumed to try for a DUI Charge) and just basic questions like that. And then took me to jail. Is there a way out if this because he didn't read me my rights?
While Miranda may not be what wins your case, you do have other defenses. Also, under GA law, there are alternatives to simply pleading Guilty and getting stuck with this on your record. Call me if you would like more information.
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