illegal search? coaxed into confession.. can charges be dropped?

[The Occultist]

I disagree. The OP states she was arrested, and then questioned. The confession came AFTER all of that. So, she still has a chance assuming she truely was not advised of her rights.

 

[BelizeBreeze]

I disagree. The OP states she was arrested, and then questioned. The confession came AFTER all of that. So, she still has a chance assuming she truely was not advised of her rights.

The OP can state what she wants. But unless the court rules this was a custodial situation, then she is not required to be given 'Mrianda'.

and from the facts of the post, she was not placed under arrest until she arrived at the police station nor did she make an issue of Miranda.

Stop looking for issues that have nothing to do with the post. That was an "EXAMPLE" of how the confession can be tossed...not what we are told transpired.

 

[CdwJava]

First of all, did they have a legal right to search my bag?
Second, is there any possibility of getting the confession thrown out considering the altamadum (sp?) he offered?
I have my first court date on Friday (8/19). My attorney has not returned any of my calls. I don't know that he has even looked over the case. Should I plead ??

Yes, the search of your bag was quite proper. And your best shot at getting the statement tossed would be if it was received in violation of Miranda. If your Miranda rights were never read or presented to you in writing, then you may stand a chance of getting the statement tossed ... but, you may well still be charged for the possession.

- Carl