Legal Question in Criminal Law in California

possession of a controlled substance...do miranda rights apply?

i was leaving a place of business and the passenger in my car was tossing an empty beer bottle out of the truck and didn't notice that a police officer was right next to him. The officer approached the vehicle to evaluate the situation. He ended up smelling an odor that he described as marijuana. He asked us to exit the vehicle and asked if we had any marijuana, which the answer was ''no''. He then asked if there was anything else he should know about and I told him that i had a little bit of methamphetamine in the vehicle. He then waited for another squad car and officer to come before he conducted his search and found the controlled substance after asking me where i had put it. During this time I was handcuffed, and then eventually taken to jail. My miranda rights were never read to me at any time and I was wondering if they apply in a situation like this. I would appreciate a reponse if possible. Thank you for your help!


Asked on 11/22/05, 3:14 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: possession of a controlled substance...do miranda rights apply?

Miranda only applies when the suspect is in custody. The legal definition of "in custody" is different from the term's ordinary definition, and exactly when an encounter with the police becomes custodial depends upon the facts of each case.

Based on the limited facts you have provided, I'd say you were not in custody when you mentioned the meth (BTW, volunteering that information was extraordinarily unwise) and that your statement can be used against you in court. My conclusion presumes that you had not been cuffed yet when you made that statement, though your question is a bit vague on this point.

You probably were in custody when you told the police where they could find the meth, but even if that statement is excluded from evidence the meth itself will probably get in. The police almost surely would have found it anyway, and the exclusionary rule has an exception for evidence which would inevitably have been discovered even without the Miranda violation.

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Answered on 11/22/05, 3:34 pm


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