Legal Question in Constitutional Law in Pennsylvania

Re: Miranda Law - Arrest for Drug Possession

A Miranda violation does not mean the charges have to be dismissed. All it does it prevent the prosecution from using evidence obtained as a result of that violation. Other evidence can still be used.

A lawyer can probably get some of your statements excluded from evidence, but that is probably all the Miranda violation will accomplish for you. It sounds like there's quite a bit of other evidence against you, and the prosecutor may be able to go to trial with what remains after the tainted statements are excluded.

Re: Miranda Law - Arrest for Drug Possession

You really ought to speak to an attorney. While state case law may differ, there needs to be probable cause before they can search your bag. Getting a lift seems on first blush not to provide the right. Of course they could claim you consented to the search but the circumstances may have prevailed on that decision. For example, did you breakdown in the woods in the middle of the night? Then was there really a choice as to whether you accepted their ride? Call an attorney, it is money well spent. If you can't afford a lawyer, one should be appointed to you by the court. Good Luck.

Re: Miranda Law - Arrest for Drug Possession

Even if you weren't Mirandized all the police lose is your statements. They still have the physical evidence. Which is enough to convict.

Under the US Constitution the seizure is fine. It might not be under the Pennsylvania Constitution which sets a higher standard for the police.

That said, you case is going to be heard by a DJ who may or might not be an attorney. He is going to be hearing evidence directly from a police officer who probably is in his court several times a month. The judge is very likely to be inclined to believe him. Also since your DJ might not be an attorney his less likely to be moved by a legal argument. Especially one that doesn't deny your guilt but basically say the cops screwed up. Not a winner in my book.

Remember even after Miranda won in the US Supreme Court he was still convicted on retrial.

{John}