Is a search legal if I did not give consent and my Miranda rights weren't read? 12 Answers as of April 24, 2013

I was pulled over. The police searched my car without consent. They found 2 bags of heroin and pot pipe. They did not read my Miranda rights either. Is the search legal?

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Darrell B. Reynolds, P.C. | Darrell B. Reynolds
You need to retain an attorney. The entire matter need to be look into.
Answer Applies to: Georgia
Replied: 4/24/2013
Connell-Savela
Connell-Savela | Jason Savela
Clearly you need a lawyer. Car searches are tricky, but you did the right thing by not giving consent. Unless they have other information to support a search, they are not allowed to search a car on a traffic stop. So, no search for a speeding ticket. The search must be related to the crime you are supposed to have committed and evidence of that crime must be able to be found. If they can arrest you (to jail), they might be able to do some searching. If they have specific evidence that drugs are in the car, they might be able to search. Where were the drugs? Please say trunk or locked compartment well away from the driver
Answer Applies to: Colorado
Replied: 4/23/2013
Germaine & Blaszka, P.A.
Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
The police do not have to read your Miranda rights to you unless you are subject to custodial interrogation. The police need more than just a hunch to search your car. You should retain an experienced criminal defense attorney to represent you in your case.
Answer Applies to: New Hampshire
Replied: 4/23/2013
Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
Miranda is not related to search issues and many volumes have been written and many cases decided on the right to search. There is no quick answer without reading the police reports.
Answer Applies to: Washington
Replied: 4/23/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
They have to have a valid reason to stop you. If that happened then the search may be valid. I really can't tell from your question.
Answer Applies to: Nebraska
Replied: 4/23/2013
    William L. Welch, III Attorney | William L. Welch, III
    Maybe. Whether a search is legal depends on whether the prosecution persuades a judge that officers had probable clause to search. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
    Answer Applies to: Maryland
    Replied: 4/23/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Well, that will be up to the Judge.
    Answer Applies to: Virginia
    Replied: 4/23/2013
    Bush Law Group
    Bush Law Group | James Falk
    In South Carolina the Police do not need your consent to search your car if they have probable cause. The issues will be whether the police had probable cause to stop your car initially and once your car was stopped whether they had probable cause for the subsequent search. Based on the facts you have provided, it is impossible to determine if either the stop or the search were conducted lawfully. These facts need to be established at a suppression hearing.
    Answer Applies to: South Carolina
    Replied: 4/23/2013
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    The police officer does not have to read you your Miranda rights in this situation. If the cop smelled drugs, or thought you were acting nervous, or if he had any reason to believe a crime was being committed or that there was contraband in the vehicle, then the cop can search your vehicle without a warrant and without reading you your Miranda rights. This doesn't sound like an illegal search. You need to hire a criminal defense attorney to represent you.
    Answer Applies to: Missouri
    Replied: 4/23/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Miranda only has to be read after someone is arrested (ie. cuffed), and only if there is post-arrest interrogation. Most cops are trained to get as much out of your mouth as possible before cuffing you, so Miranda rarely applies.
    Answer Applies to: California
    Replied: 4/23/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Not enough info to determine IF the search was legal.
    Answer Applies to: Georgia
    Replied: 4/23/2013
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