Legal Question in Criminal Law in Pennsylvania

False statement/confession

Hello,

I got stopped by the cops. I was searched, handcuffed and was told i was going to jail. They starting asking questions after they pulled a hand held GPS from under my car seat. I told them that I found it. I was told I was being cited for theft and would receive a summons in the mail.

A month later I get a summons, saying that I was mirandized and admitted to stealing the GPS from a car (3934) a misdemeanor. And I am to appear for a preliminary hearing.

My question is shouldn't have I been taken to the police station and given a Miranda warning or something. The cops lied about me saying I admitted to stealing The GPS during the traffic stop.

Does � 3501. Admissibility of confessions have any factor in this.


Asked on 2/24/08, 12:11 am

3 Answers from Attorneys

Brian Zeiger Levin & Zeiger LLP

Re: False statement/confession

tell your lawyer what you wrote above and tell them you want a motion to suppress because the cops searched the car without a warrant. then tell them that the statement is fruit of the poisonous tree. you don't get to miranda.

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Answered on 2/24/08, 12:21 am
John Gibson John W. Gibson, Esquire

Re: False statement/confession

On the facts as you gave them, I agree with Attorney Zeiger.

However, at the Preliminary Hearing your defenses are limited. All the police have to do is make out a prima facie case however there must be sufficient competent and admissible evidence to do so. I think at this stage you may want to have your attorney focus on questions of hearsay and what caused them to stop your car and you are probably going to be held for court where your attorney can raise the issue of absence of probable cause.

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Answered on 2/25/08, 3:19 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: False statement/confession

I agree with the previous two answers, but it seems to me that there is something missing from this story.

Why did they stop you? After they stopped you, why did they search/handcuff you? Did you consent to them searching your car (never do this).

I would love to know the answers to the above, and then you can be properly advised of how to proceed.

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Answered on 2/27/08, 11:21 pm


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