Legal Question in Criminal Law in California
Do officers have to read you your miranda rights before they search your belongings?
After being pulled over I was detained & then shortly thereafter placed under arrest for what I was told was being under the influence of a controlled substance. The vehicle owner permitted a vehicle search when the officer asked for permission to search my belongings inside the vehicle I responded no concretely. I was transported from the scene. And not read my Miranda rights for another 2 1/2 hours. The next morning I was informed my actual arrest charge was/is possession of a controlled substance.
2 Answers from Attorneys
You need to pick smarter friends. Maybe the case will be a DA reject. Miranda only counts if they want to use some statement you made, and I infer that you not only didn't consent to the search, you didn't blab to the police either. Good luck in court. Hopefully your presence of mind will help your lawyer beat the charges.
No, Miranda rights only have to be read prior to custodial interrogation. The issue here is whether you had a legitimate expectation of privacy in someone else's car. That has already been decided by the courts to be NO.
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