Legal Question in Appeals and Writs in Missouri

reading my rights

After being questioned, having my vehicle and person searched without consent, and being arrested for possesion of marijuana and paraphernalia, the officer never read me my rights. Can I use this against them and get the charges dropped?


Asked on 4/02/07, 7:31 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: reading my rights

If you've been arrested for possession, you need competent legal representation right away. This is not something where you can act as your own lawyer and have a good result. You need to engage counsel right away. If the search of your vehicle was truly without consent, your attorney may be able to get the drugs suppressed. The Miranda warning only applies to statements you've made, not to physical evidence. Consult a lawyer right away.

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Answered on 4/03/07, 3:30 pm


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