Arrested without Maranda rights.

What is the name of your state?Hello, I live in Illinois, which is where I was arrested. The traffic stop started because of the tinted windows on my car (bought it like that from the car dealership and had okayed the window tints with local police). The officers explain that they are going to issue me a written warning and have me get out of the vehicle. They procede to pat me down (first question is if it is legal for them to have me get out of the vehicle for a written warning), and while patting me down they find drug paraphernalia. They cuff me and put me in the back seat of their squad car, so I am obviously not free to leave. After they search my passenger they begin to ask questions such as, "so where is the cannabis?" implying interrogation without being read my miranda rights. Jumping ahead, I completely complied and was then arrested (yet they never once told me that i was under arrest). Thoughout being processed, the closest question to that that they asked was "Do you know what you are being charged with?" to which i answered, "I have a pretty good idea." After that, they did not tell me exactly what all the charges were, just pointed to the paperwork. My court date is April 11, 2005. Will the lack of being read my mirandas help me out with the notion of illegal procedure? Does the fact that I was never told that i was under arrest help at all. Any advice would be greatly appreciated. Thanks a bunch

You have nothing. The stop was legal, the detention was for the officer's safety and legal and the questions were legal. You had the right to not answer them but the search incident to arrest/detention was perfectly fine.

Gnome42 said:

What is the name of your state?Hello, I live in Illinois, which is where I was arrested. The traffic stop started because of the tinted windows on my car (bought it like that from the car dealership and had okayed the window tints with local police). The officers explain that they are going to issue me a written warning and have me get out of the vehicle. They procede to pat me down (first question is if it is legal for them to have me get out of the vehicle for a written warning), and while patting me down they find drug paraphernalia. They cuff me and put me in the back seat of their squad car, so I am obviously not free to leave. After they search my passenger they begin to ask questions such as, "so where is the cannabis?" implying interrogation without being read my miranda rights. Jumping ahead, I completely complied and was then arrested (yet they never once told me that i was under arrest). Thoughout being processed, the closest question to that that they asked was "Do you know what you are being charged with?" to which i answered, "I have a pretty good idea." After that, they did not tell me exactly what all the charges were, just pointed to the paperwork. My court date is April 11, 2005. Will the lack of being read my mirandas help me out with the notion of illegal procedure? Does the fact that I was never told that i was under arrest help at all. Any advice would be greatly appreciated. Thanks a bunch

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Everything else looks fine, but I do have a question. You said they cuffed you and put you in the back of the squad car. You then wrote that "after they search my passenger, they begin to ask questions such as 'so where is the cannabis?' "

Who was the question directed toward? Was it a direct question to you or was it to your passenger. If it was a direct question toward you, what did you say? If it was to the passnger, what was going on with the passenger at the time and what did he or she say? Did they find anything else (aside from what they found in the pat down) after they asked those questions?

LawGirl10 said:

Everything else looks fine, but I do have a question. You said they cuffed you and put you in the back of the squad car. You then wrote that "after they search my passenger, they begin to ask questions such as 'so where is the cannabis?' "

Who was the question directed toward? Was it a direct question to you or was it to your passenger. If it was a direct question toward you, what did you say? If it was to the passnger, what was going on with the passenger at the time and what did he or she say? Did they find anything else (aside from what they found in the pat down) after they asked those questions?

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The question was directed towards me, and there really was none. The only canabus was what was already burnt in the paraphernalia. I simply answered "there is no canabus officer" which they didn't want to believe (understandably). Now another thing that i left out of the orriginal posting was that when they asked if there was anything else in the vehicle, I told them that there was half a case of beer in the back seat (why I agreed to transport the alcohol for my passenger when i knew that we were both underage... probably because i'm a dumbass. They did not find anything that I did not tell them about (after they found the paraphernalia on the pat down that is).

In all i was charged with illegal transportation of alcohol, and 6 counts of paraphernalia (i know, i know...i'm boned). Any idea what I will likely get being that this is my first offence and i fully cooperated with all of the officers (they didn't even make me post bail because I fully cooperated). thanks again. Gnome42

Q: The officers explain that they are going to issue me a written warning and have me get out of the vehicle. They procede to pat me down (first question is if it is legal for them to have me get out of the vehicle for a written warning), and while patting me down they find drug paraphernalia.

A: That's okay; it's a search incident to arrest and/or for the safety of the officer.


Q: They cuff me and put me in the back seat of their squad car, so I am obviously not free to leave.

A: That is being under arrest.


Q: After they search my passenger they begin to ask questions such as, "so where is the cannabis?" implying interrogation without being read my miranda rights.

A: I am assuming they asked you this and you did not answer. Your post is unclear, but if my assumptions are correct, then there is no violation since you did not tell them anything.


Q: Jumping ahead, I completely complied and was then arrested (yet they never once told me that i was under arrest).

A: See prior answer about arrest.


Q: After that, they did not tell me exactly what all the charges were, just pointed to the paperwork.

A: That's where the answer is.


Q: Will the lack of being read my mirandas help me out with the notion of illegal procedure?

A: Based on what you say here, no. You didn't say anything that they are going to use in court and they did not discover anything incriminating after you answered questions w/o Miranda.


Q: Does the fact that I was never told that i was under arrest help at all.

A: See prior answer about arrest.

Gnome42 said:

What is the name of your state?Hello, I live in Illinois, which is where I was arrested. The traffic stop started because of the tinted windows on my car (bought it like that from the car dealership and had okayed the window tints with local police). The officers explain that they are going to issue me a written warning and have me get out of the vehicle. They procede to pat me down (first question is if it is legal for them to have me get out of the vehicle for a written warning), and while patting me down they find drug paraphernalia. They cuff me and put me in the back seat of their squad car, so I am obviously not free to leave. After they search my passenger they begin to ask questions such as, "so where is the cannabis?" implying interrogation without being read my miranda rights. Jumping ahead, I completely complied and was then arrested (yet they never once told me that i was under arrest). Thoughout being processed, the closest question to that that they asked was "Do you know what you are being charged with?" to which i answered, "I have a pretty good idea." After that, they did not tell me exactly what all the charges were, just pointed to the paperwork. My court date is April 11, 2005. Will the lack of being read my mirandas help me out with the notion of illegal procedure? Does the fact that I was never told that i was under arrest help at all. Any advice would be greatly appreciated. Thanks a bunch

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(first question is if it is legal for them to have me get out of the vehicle for a written warning), YEPPERS. What Senior Judge said.

and while patting me down they find drug paraphernalia. Bummer. But there's hope because you're a first offense. Misdemeanor on drug paraphanelia. 6 counts sounds like they're padding it as usual.

They cuff me and put me in the back seat of their squad car, so I am obviously not free to leave. Detaining. They have the right.

After they search my passenger... Yeah, they can do that per a SCOTUS decision in Maryland v. Wilson.

they begin to ask questions such as, "so where is the cannabis?" implying interrogation without being read my miranda rights.[/I]...Never forget you always have the right to remain silent. Whether you do so or not is up to you. Police are often very slick about this type of questioning. They don't have to necssarily Mirandasize you if they haven't ARRESTED you (as in custody, taking you to jail) but are merely DETAINING you (sort of a different ARREST).

Furthermore, Five-Oh, doesn't have to worry about the lack of Miranda because the search was legal that produced the drug paraphanelia which is the crux of the case.

You may have had a case with the lack of Miranda but, alas, you said nothing that the prosecution would have to fear that would jeopardize the state's case against you that could be ruled INADMISSIBLE if it went to trial.


WHAT CAN YOU EXPECT? This is your first offense? You're underage? Well, the state can PUNISH ya with up to 30 days in jail and a $1,500 fine which is basically a MISDEMEANOR.

However, the court can defer judgment, place you on probation for 24 months (or less) and upon successful completion of the probation the court can discharge the proceedings.

You don't have much to worry about as far as i can see my friend. Just don't make it a habit. Your lawyer will prolly see what the State Rec is which may be way less than what is normally offered to a first time offender.

Good luck playa!
OG

My Disclaimer: "While a lot of what i say may be accurate and current legal information, it's not intended to be a replacement of advice from a knowledgeable attorney. Please consult one to support anything you may learn here. You got that?"

Outcome

This is just a message for anyone viewing this post wondering what the outcome was. On April 11, I had my court date. The Student Lawyer at my college had advised me to talk to the state's attourney and see if he would be willing to drop all but one of the charges in order to ensure the minimum penalties. The state's attourney's secretary would not allow me to chat with him before my hearing so that idea was shot. To my surprise, he had already dropped all but one of the paryfen charges. I pleaded guilty to this one charge and the judge dropped the illegal trans of alcohol charge. My fines are $750 plus court costs. I also got 6mo court supervision. They also mentioned that i will be able to have this whole mess expunged from my record at the end of the 6mo (something I was hoping for). Thanks for the assistance to everyone who posted replies to my orriginal post, and i hope that i will never have to seek legal advice again.

BelizeBreeze said:

You have nothing. The stop was legal, the detention was for the officer's safety and legal and the questions were legal. You had the right to not answer them but the search incident to arrest/detention was perfectly fine.

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Belizebreeze-please if you could help me with mine. It's under arrests-'need help fast' no one seems to know the answer. thank you