Legal Question in Criminal Law in Florida
drugs
I read an article in the news paper where a man was arrested for the sale of crack cocaine and charged with selling and possession with intent to sell crack cocaine after selling to a confidential informat and was located later and then arrested. But i heard that the arresting ofc. didn't read him his rights or tell the man what he was charged with. Isn't that against the law? The article also stated that after a search of the man's vechicle $800 worth of cocaine was found hidden in a replica tire sealant can.If his charges was based on the cocaine found in the vechicle wouldn't the vechicle have to be registered in the man's name? And even if the informant told the hiding place of the drugs could the steal pin the drugs on the man even if the car had been sitting there four almost a hour?
1 Answer from Attorneys
Re: drugs
Its legal. No Miranda warnings are required unless the defendant is questioned. They can search the car incident to arrest. You are deemed with knowledge of whats in the car you are driving, although if the car is someone else's its a possible defense.
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