Possession of a controlled substance Advice

[drewams]

What is the name of your state? Alabama

I was driving my friends car. He was in the passenger seat as well as another friend in back seat. Passenger in back seat smokes a blunt. We get pulled over are not told why we were stopped immediately asked for ID and removed from the car. Patted down and car gets searched. Cops find some pills prescription in the floorboard and two X pills in a baggie with my wallet. I did not have them on me though. I was cuffed and put in the back of the cop car along with my friend and taken to jail. Never once was I read my rights nor did they adress what i was being charged with. I was never shown a warrant either. Can I beat the charges or reduce them signifigantly even? some1 please help i am getn a lawyer but my nerves are shot Im sure i can beat this outright but how would i do it?

 

[ceara19]

What is the name of your state? Alabama

I was driving my friends car. He was in the passenger seat as well as another friend in back seat. Passenger in back seat smokes a blunt. We get pulled over are not told why we were stopped immediately asked for ID and removed from the car. Patted down and car gets searched. Cops find some pills prescription in the floorboard and two X pills in a baggie with my wallet. I did not have them on me though. I was cuffed and put in the back of the cop car along with my friend and taken to jail. Never once was I read my rights nor did they adress what i was being charged with. I was never shown a warrant either. Can I beat the charges or reduce them signifigantly even? some1 please help i am getn a lawyer but my nerves are shot Im sure i can beat this outright but how would i do it?

First thing you need to do is quit using drugs. Why is it you feel that you can "beat this"?

 

[drewams]

First thing you need to do is quit using drugs. Why is it you feel that you can "beat this"?

Well i actually dont use them. Having them doesnt make me a user. And i wasnt mirandized nor was i told my charges nor was i shown a warrant. EVER. so isnt that enough to have the charges dropped?

 

[ceara19]

Well i actually dont use them. Having them doesnt make me a user. And i wasnt mirandized nor was i told my charges nor was i shown a warrant. EVER. so isnt that enough to have the charges dropped?

So your a dealer? They can search the car without a warrant for several different reasons. It sounds like they had more then enough probable cause to search the car. They also don't have to read you your rights. They can't use anything you say BEFORE you are mirandized against you, but you said nothing about making any incriminating statements, so it doesn't matter. You don't have to be told what your charges are until your arraignment, so again, you're out of luck.

 

[drewams]

So your a dealer? They can search the car without a warrant for several different reasons. It sounds like they had more then enough probable cause to search the car. They also don't have to read you your rights. They can't use anything you say BEFORE you are mirandized against you, but you said nothing about making any incriminating statements, so it doesn't matter. You don't have to be told what your charges are until your arraignment, so again, you're out of luck.

ok well the only reason i was charged with possession was because they asked me if it was my wallet that had the x pills in it. therefore they can not charge me with them right? not mirandized no way of knowing if it was my wallet.....

 

[Shay-Pari'e]

ok well the only reason i was charged with possession was because they asked me if it was my wallet that had the x pills in it. therefore they can not charge me with them right? not mirandized no way of knowing if it was my wallet.....

LOL, umm, don't you carry your DL in your wallet?

 

[tranquility]

ok well the only reason i was charged with possession was because they asked me if it was my wallet that had the x pills in it. therefore they can not charge me with them right? not mirandized no way of knowing if it was my wallet.....

I bet there are other ways, but it is irrelevant. You were not in custody. Even though you were probably guaranteed to be in custody in a moment, at the time of the interrogation, you were not in custody. Miranda relates to custodial interrogations. The statement will get in.

 

[drewams]

I bet there are other ways, but it is irrelevant. You were not in custody. Even though you were probably guaranteed to be in custody in a moment, at the time of the interrogation, you were not in custody. Miranda relates to custodial interrogations. The statement will get in.

But I was in custody. The court defines custody as any moment you feel you have lost the freedom to simply walk away. i was in the back of a police car in hand cuffs. And no i dont carry my DL in my wallet actually.

 

[David Jonathan]

But I was in custody. The court defines custody as any moment you feel you have lost the freedom to simply walk away. i was in the back of a police car in hand cuffs. And no i dont carry my DL in my wallet actually.

there's a difference between being arrested, and being detained.

You were being detained because of the reasonable suspicion.
You were arrested for being in possession of a controlled substance

--Dave

 

[ceara19]

ok well the only reason i was charged with possession was because they asked me if it was my wallet that had the x pills in it. therefore they can not charge me with them right? not mirandized no way of knowing if it was my wallet.....

Doesn't matter if it was your wallet or not. The vehicle was in YOUR care and control. YOU are the one responsible for ANY illegal contraband found in the vehicle, whether it is "yours" or actually on your person or not. Plus, your buddy just got done smoking a joint IN YOUR PRESENSE, so you can't even TRY to claim that you had no knowledge that there were drugs in the car (not that it would actually work anyway).

 

[ceara19]

You must know your rights! If you do not know your rights then you will loose them! watch this video! It is always the police officers job to get you to give up your rights, if you dont know them you will fall right into the trap. Watch this video NOW!



http://video.google.com/videoplay?docid=8520847761350501823&hl=en

The OP's rights were not violated in any way. The police had more then enough probable cause for the search.