Legal Question in Constitutional Law in California

Re: possesion of controled substance

they dont need to read you your rights. as far as fighting it, there is not enough info to answer this. it is certainly your right to do so.

Re: possesion of controled substance

There are different posession offenses for different drugs, and some are more serious than others. Also, possession of larger quantities can be much more serious than possession of small amounts. The fact that you only got a ticket suggests that your offense is relatively minor, but you should consult with an attorney and give him more facts before deciding how to proceed.

As to Miranda warnings, they are not necessary to make an arrest. If the police question you after you are in custody and don't give you Miranda warnings they generally cannot use your responses (or silence) against you in court, but they can still use other evidence. Here again, the specific facts of your case will help your lawyer determine if this is an issue on which you might win.