missdamenor drug possession

[sly davis]

What is the name of your state? Idaho
I was a passenger in a car in which the driver was arressted for DWI. The officer asked for my ID for a routine check. My record is clean except for a missdamenor drug charge 16 years ago in another state. The officer asked to check my purse. Naturally I complied fearing refusal be be deemed defiant. He found parafanalia and less then one gram of weed.I was arrested. My court date is pending.
I was not under the influance at the time , nor uncooppertive in any way.
At the jail I was asked all sorts of routine questions while being booked. I was never at any time read my miranda rights.
After many hours I had to post a $520 bond.
My question.. Does the miranda rights apply in this kind of situation? and as a passenger did the officer have a legal right to search my person?
sly davis

 

[seniorjudge]

What is the name of your state? Idaho
I was a passenger in a car in which the driver was arressted for DWI. The officer asked for my ID for a routine check. My record is clean except for a missdamenor drug charge 16 years ago in another state. The officer asked to check my purse. Naturally I complied fearing refusal be be deemed defiant. He found parafanalia and less then one gram of weed.I was arrested. My court date is pending.
I was not under the influance at the time , nor uncooppertive in any way.
At the jail I was asked all sorts of routine questions while being booked. I was never at any time read my miranda rights.
After many hours I had to post a $520 bond.
My question.. Does the miranda rights apply in this kind of situation? and as a passenger did the officer have a legal right to search my person?
sly davis

Q: Does the miranda rights apply in this kind of situation?

A: No. Reason: "...At the jail I was asked all sorts of routine questions while being booked...."


Q: and as a passenger did the officer have a legal right to search my person?

A: Yes. Reason: "...The officer asked to check my purse. Naturally I complied...."

 

[jadedxxbeauty]

What is the name of your state? Idaho
I was a passenger in a car in which the driver was arressted for DWI. The officer asked for my ID for a routine check. My record is clean except for a missdamenor drug charge 16 years ago in another state. The officer asked to check my purse. Naturally I complied fearing refusal be be deemed defiant. He found parafanalia and less then one gram of weed.I was arrested. My court date is pending.
I was not under the influance at the time , nor uncooppertive in any way.
At the jail I was asked all sorts of routine questions while being booked. I was never at any time read my miranda rights.
After many hours I had to post a $520 bond.
My question.. Does the miranda rights apply in this kind of situation? and as a passenger did the officer have a legal right to search my person?
sly davis

I never got read miranda when I was getting booked, evidently there is a legal way around that now. You should press that though...its your only chance. What ? were they asking you? Normally its a version of the miranda..."u understand blah blah blah"

Also, you didnt have to let him search you. since your friend was in violation of the law, he can legally bring dogs to sniff the car and you, and if they smell something THEN he has probable cause for a search, but thats why he asked you first. Saving his ass. If he doesnt have prob cause he HAS to have permission. Love how they scare unknowledgable people into admiting their own guilt. What an ass for not throwing away one gram too.

 

[Shay-Pari'e]

I never got read miranda when I was getting booked, evidently there is a legal way around that now. You should press that though...its your only chance. What ? were they asking you? Normally its a version of the miranda..."u understand blah blah blah"

Also, you didnt have to let him search you. since your friend was in violation of the law, he can legally bring dogs to sniff the car and you, and if they smell something THEN he has probable cause for a search, but thats why he asked you first. If he doesnt have prob cause he HAS to have permission. Love how they scare unknowledgable people into admiting their own guilt. What an for not throwing away one gram too.

When you get your law degree instead of using your very own criminal history,****************************.Come on back and give legal advice.

Untill then, you are just messing with this poster.

 

[jadedxxbeauty]

I never got read miranda when I was getting booked, evidently there is a legal way around that now. You should press that though...its your only chance. What ? were they asking you? Normally its a version of the miranda..."u understand blah blah blah"

Also, you didnt have to let him search you. since your friend was in violation of the law, he can legally bring dogs to sniff the car and you, and if they smell something THEN he has probable cause for a search, but thats why he asked you first. If he doesnt have prob cause he HAS to have permission. Love how they scare unknowledgable people into admiting their own guilt. What anfor not throwing away one gram too.[

When you get your law degree instead of using your very own criminal history,****************************.Come on back and give legal advice.

Untill then, you are just messing with this poster.

Im not messing with anybody. I have experience in the system and that makes for good advice. So far most of the "quality advice" ive seen from others on this site is more condemnation and belittlement instead of advice.
In your EXPERTISE, was their anything legally wrong with what I said? And if not, do you have anything better to suggest to this person? Or excuse me, this CRIMINAL. Maybe you should be giving it out, if your so helpful instead of just being rude.

 

[jadedxxbeauty]

I never got read miranda when I was getting booked, evidently there is a legal way around that now. You should press that though...its your only chance. What ? were they asking you? Normally its a version of the miranda..."u understand blah blah blah"

Also, you didnt have to let him search you. since your friend was in violation of the law, he can legally bring dogs to sniff the car and you, and if they smell something THEN he has probable cause for a search, but thats why he asked you first. If he doesnt have prob cause he HAS to have permission. Love how they scare unknowledgable people into admiting their own guilt. What an for not throwing away one gram too.[

When you get your law degree instead of using your very own criminal history,****************************.Come on back and give legal advice.

Untill then, you are just messing with this poster.

Oh yeah, BTW this is what it says in the TERMS AND CONDITIONS of this forum
"FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues"
NOT
"Only pretentious, self righteous persons with a law degree lodged in their may have opinions."

 

[outonbail]

FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers

Note the key word here is "benefit"

Perhaps you could point out just where your thoughts were of some benefit to the OP, because I don't see that being the case in any of your replies,,,,

 

[garrula lingua]

I never got read miranda when I was getting booked, evidently there is a legal way around that now. You should press that though...its your only chance. What ? were they asking you? Normally its a version of the miranda..."u understand blah blah blah"


Your advice is wrong.
Keep up the good work - surely, you're a Prosecutor doing this deliberately.

 

[jadedxxbeauty]

Note the key word here is "benefit"

Perhaps you could point out just where your thoughts were of some benefit to the OP, because I don't see that being the case in any of your replies,,,,

Heres I how I can help- if she/he had known that she/he had the right to refuse search in the FIRST PLACE they would not be in the mess.

 

[jadedxxbeauty]

Im not sugar coating. People come here for peace of mind. Im trying to help the people who feel like i feel when it comes to being under a gavel...completely hopeless and devoid of all human rights...and Im sure some of them are, GASP....Im not trying to appease the ignorant drones like you...You will never understand. Just out of curiousity what exactly is your specific legal feild? I noticed something about a talking hamster...hope this is not the extent of your learnings...