Legal Question in Juvenile Dependency in Michigan

violation of controlled substance

if the police dont read me my rights and take the substance can they still process me??


Asked on 4/22/08, 2:31 pm

2 Answers from Attorneys

Stuart Collis Collis, Griffor & Hendra, PC

Re: violation of controlled substance

It depends on what rights you're talking about but the answer is generally yes.

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Answered on 4/22/08, 8:35 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: violation of controlled substance

The short answer is "Yes".

I assume that the "rights" you are referring to are the Miranda Rights ('you have the right to remain silent, etc')" The Miranda rights only affect statements you make to police after you are in custody, and when police are questioning you. So, if you are under arrest (or otherwise reasonably believe you are in custody) and police question you about things that can incriminate you ... and you have not been read your Miranda Rights ... what you tell police can be suppressed, meaning prosecutors cannot use it in court agaist you. But, if you blurt things out or say things without police questioning you, the statement can be used.

In your case, police seized physical evidence (a substance). Miranda rights don't come into play here, so even if the rights were not read the physical evidence will not be tossed out because of that fact. 4th Amendment search and seizure issues do, like whether a search warrant was needed, etc. A defense attorney should review your case facts with you about that possible defense issue.

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Answered on 4/28/08, 5:38 pm


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