DUI and car search.
I was picked up for dui so I have a question that kind of goes with it. When I was picked up I was placed in the cop car but never read my rights until after what I am about to tell you happend. My car was searched by the police and a dog and they found a small amount of marijuana. The only problem is no one ever asked to search my car and I was never shown a warrant. If they were looking for beer that is fine but I did not think they could search my car without permission. I had not been smoking so there was no smell and no reason to think I had any in the car. They also opened my trunk and glove box. Is this leagal? Thank you very much.
1 Answer from Attorneys
Re: DUI and car search.
Unless there is custody AND interrogation there is no requirement that you be given your Miranda warnings. As a search incident to arrest the search of your car was probably legal. You need to contact a criminal defense attorney in your area to see whether there is any way to attack this.
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