Legal Question in Criminal Law in Ohio

Miranda rights Not Read

A person I know is in jail for a 6 month term. He grew marijuana indoors and was caught while he was on probation (only 3 months left on probation).

He wasn't read his Miranda rights at the time the officers searched his apartment nor afterwards, He wasn't arrested. They asked him to turn on his computer and give them the password to search it and he did. They left his house after confiscating the marijuana plants and the lights etc. and I think he told me they took his computer also because they said he probably got it from selling marijuana, and he told them that he was growing it for personal use and not selling it.

He told his court appointed attorney that he wasn't read his rights and he said that doesn't really matter.

My question is: What is the law concerning this and can they put him in jail since they did all this without reading him his rights. He didn't know his rights.


Asked on 8/08/00, 11:34 am

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Miranda rights Not Read

Your attorney is absolutely correct. One only has to be read their miranda warnings if they are in "custodial interrogation". The defendant has to be 1) not free to leave and 2)questioned about the specific facts of the case.(asking the name address adn SSN is OK)

Read more
Answered on 9/15/00, 10:25 am


Related Questions & Answers

More Criminal Law questions and answers in Ohio