Legal Question in Criminal Law in Georgia

A case of mistaken Identity

I was stopped by a police because he thought I was my brother who the officer had previously taken a warrant out on him. I was telling him that he had the wrong guy but I unfortuneately did not have my Drivers License with me. He found a bag of marijuana in my car but shouldn't this case be thrown out because of it was an illegal stop to begin with and if so what type of law kinda states that in it. Was it an illegal search and seizure process and to top it all off, he never read me my miranda rights.


Asked on 7/11/06, 4:58 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: A case of mistaken Identity

Police do not have to read Miranda rights. The only thing that means is that they cannot use a custodial statement from you at trial unless you were Mirandized.

While we do not have all the facts, the officer's suspicion as to you are is probably enough to allow a stop. Whether the subsequent search is also legal depends on details you did not post.

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Answered on 7/11/06, 6:20 pm


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