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possesion of marijuan, cocaine. no meranda read

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willmiller82

Guest
i was recently arrested for possesion of marijuana and pariphenalia. The police officer pulled me over for running a blinking red. he proceded to ask me to get out of the car and go sit in his. i told him that i objected to the search but i was already out of the car. He found a roach and some stems and seeds in my car. he also found a frisbee i was useing as an ash tray some zigzags and some scissors. If they field test the roach they will find cocaine on it. The police officer did not read me my meranda rights. I would like to know what is going to happen to me most likely and if there is any thing i can do to help get these charges dropped.
 


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lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Officer has a right to stop you for traffic infractions. He did for the red light. He also has a right to ask you out of the car and to search your vehicle. --> reasonable suspicion, etc.

He found the items. Miranda rights -- maybe but these are not constitutional rights. IF THE POLICE DON’T READ ME MY RIGHTS, CAN MY CASE BE DISMISSED?
No, not necessarily. We have all heard the "rights" being read to many suspects on television and in the movies, and this has caused some confusion. The police officer does not have to read anybody their "rights" unless that officer wants to get a statement or confession from a suspect. If the officer does not want to record what you have to say and use it against you, he does not have to read you your rights.

However, if the officer wants to ask you some questions other than your name and address, he must advise you that you don’t have to answer his questions, that if you do, anything you say can be used against you and that you have a right to a lawyer before you answer any questions. It is amazing how many people will answer the officer’s questions in some vein attempt to cooperate which gives their defense attorney headaches trying to defend the case later on.
 

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