LeadfootSpeedingTicket.com | Andrea Storey Rogers
If the police officer has reasonable suspicion to pull over your car and then has probable cause to believe a crime has been committed or that he will find contraband in the vehicle, he can search your car without a warrant and without your consent. He does not have to read you your Miranda rights unless he wants to question you while in police custody and use that testimony against you in court.
Answer Applies to: Missouri
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. For certain types of charges, you have a right to counsel. Whether the search was legal is, generally speaking, a big issue in most cases. It's usually an issue for a motion-to-suppress and hearing. There are a litany of factors which go into whether a search was legal. Even if the search was arguably illegal, with the inevitable discovery doctrine, the evidence could, ultimately, be admitted anyway, so it can be a very complicated legal question. The police only need to advise you of your Miranda rights when they plan to interrogate you while you are in custody. There are plenty of situations where the police have no plans to interrogate anyone so they don't bother to issue the Miranda rights when they arrest someone. Whether the arrest itself was valid, however, ultimately depends on a litany of other factors as well. If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer.
Answer Applies to: Michigan
Bush Law Group | James Falk
The issue will be whether or not the Police had Probable Cause for the search or could otherwise justify the warrantless search because of exigent circumstances. The police have the burden of proof that you were read your Miranda rights.
Answer Applies to: South Carolina
Timothy J. Thill P.C. | Timothy J. Thill
If the police had absolutely no probable cause to stop you, they should not have searched your car. ?You would have to hear the police recite your Miranda rights to you. You give way too little information in your question to really answer the questions intelligently.
Answer Applies to: Illinois
TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
Absent a warrant a search may take place if incident to a lawful arrest, where consent is given, where an officer is in "hot pursuit" or exigent circumstances or as part of an inventory if a vehicle was impounded. That said there are also safety concern of the officer where certain actions can be taken for if something is unlawful and in "plain view".
Answer Applies to: Indiana
Expert Bronx Criminal Lawyers | Alexander Sanchez
The police cannot search your car, or your bags in the car, unless they have probable cause to believe that a crime has been committed. In the absence of a search warrant, or probable cause, the police may only search your property if you give consent. Whether or not you gave consent is an issue for the Court to determine at a hearing. At the hearing, you can testify as to the absence of consent given, and the police, it is expected, will testify that you did give consent. If the Court rules no consent was given to search the car, then all evidence obtained pursuant to the search must be suppressed. If the Court rules consent was given, then the evidence obtained during the search can be used against you at trial. Incidentally, your statement to the police as to what exactly was in the bag may have actually established probable cause to search the bag. As per your MIranda rights, the prosecution must notify you of any incriminating statements made to police officials. You have a right to challenge the use of the incriminating statements on the grounds that your Miranda rights were not given, improperly given, or was not waived in a knowing, and intelligent manner. The prosecution will then have to allege that the statement was made after Miranda warning properly were given, and a hearing will be held to decide the issues.
Answer Applies to: New York
Barton Barton & Plotkin | Maurice Ross
More information would be required before I could answer your question. First, I would need to know why you were pulled over and other relevant facts and circumstances. Second, I would need to understand precisely what led you to tell the police about the contents of your bag. Note that the police have no obligation to read Miranda rights to you unless they intend to use statements that you make against you in court. Note also that Court decisions have given police considerable discretion concerning when they may appropriately stop and search a vehicle. For example, if the police office is concerned that evidence may be destroyed, that may be a sufficient justification to allow the police officer to search the vehicle without a warrant. On the other hand, some recent decisions suggest that the mere fact that a police officer stops a driver for a traffic infraction does not give the police the right to search the entire car and its contents. You should retain criminal defense counsel to discuss the precise facts and circumstances of your case, and to then advise you as to how to best defend the case.
Answer Applies to: New York
William L. Welch, III Attorney | William L. Welch, III
The judge would decide with the police had probable cause to search, if you did not consent. Only if the prosecution intends to offer in evidence a statement that you made in response to police questioning and while you were in police custody without warnings, does failing to give Miranda warnings matter. Otherwise, it does not.
Answer Applies to: Maryland