QUESTION
What can I do if I wasn't read my Miranda rights and they searched my car without permission?
Asked on Jan 15th, 2013 on Criminal Law - Colorado
More details to this question:
I was in a car got searched same with others I wasn't read Miranda even in jail the officer asked me to search a vehicle I wasn't driving or have ownership of. Hallucinogens were found I didn't give permission to search.
8 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Hire a lawyer. The cops need not read you your rights before asking for and /or receiving permission to search the car. Whether or not the cop needed permission to search depends on the facts. In some situations the cops do not need permission to conduct a search.
Answered on Jan 21st, 2013 at 1:36 PM
Miranda only has to be read after they cuff you, and only if you are interrogated post-cuffing. Most cops are trained go get everything they need out of your mouth prior to cuffing you, so Miranda simply doesn't apply.
Answered on Jan 18th, 2013 at 1:08 AM
Michael J. Breczinski
What was the reason for the stop and then the search. That will give me an idea of whether the drugs can be suppressed. Also they do not have to read Miranda if after arrest they do not sit you down and interrogate you. Get a lawyer.
Answered on Jan 18th, 2013 at 1:07 AM
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You should hire a lawyer immediately. A lawyer will help make the argument that the search was illegal and therefore the evidence should be suppressed.
Answered on Jan 18th, 2013 at 1:06 AM
Theodore W. Robinson
First, your Miranda rights have nothing to do with searching a car or anything else. They have to do with giving a statement to the police that indicates guilt and if they questioned you without giving you those rights, then anything said to them must (or at least ought to be) suppressed by the Court. On the other hand, if you didn't own the vehicle and were just a passenger, you had no authority to allow them to search it and if the owner/driver (presumably) gave them permission, then he/she is more than likely responsible for anything found within it. However, there is a presumption that everyone in the car is responsible for the contents - unless one or more people take responsibility for the illegal contents.
Answered on Jan 18th, 2013 at 1:05 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Simple. Hire a criminal defense lawyer to fight like hell. If you can't afford to hire one, then go to your court date and ask the court to appoint the public defender.
Answered on Jan 18th, 2013 at 1:05 AM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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It depends, were you questioned? Police only have to read you Miranda rights during a custodial interrogation, that is, being questioned in police custody. Police don't hace to read you your rights simply because you're being arrested. Police also can search your car without a warrant if they have probable cause . Of course if police didn't have probable cause and didn't obtain your consent, the search may be suppressed.
Answered on Jan 18th, 2013 at 1:05 AM
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That is likely a felony charge, a pretty serious one you need a lawyer and I would be happy to discuss representation if you cannot afford a lawyer, get a public defender search issues and miranda issues are very specific and technical, you are not going to be able to win them without a lawyer everyone from a car can be charged with drugs found in a car, but that does not mean that everyone can be convicted.
Answered on Jan 18th, 2013 at 1:04 AM