Legal Question in Criminal Law in Pennsylvania
miranda rights
I was pulled over a month ago for driving with suspended plates, lack of insurance, and my inspection was out. When I got out of the car, the officer notified me that it would need to be towed and he would have to do an inventory before having it moved. Upon looking in my center console, he recovered less than a gram of marijuana and two pipes. He then searched my purse, but found nothing of interest. He cuffed me, and put me in the back of the car. I was always taught that before the cuffs are even ON you NEED to be read your miranda rights. Is this true? If so, how can I benefit from this? I need to know soon, the hearing is on Wednesday. Should I get legal representation?
3 Answers from Attorneys
Re: miranda rights
Well, there was probable cause for the stop but there was no consent for the search. You may be able to suppress the evidence of the drug paraphernalia and the marijuana but Miranda rights are not where you want to defend. If they are not going to use your statements, they don't need to read you any Miranda rights. Generally, it is after you have reason to believe you are under arrest and before they question you that they have to read you your Miranda rights if they want to use your statements made in response to the questions.
Re: miranda rights
you are only read your rights if you are going to be questioned.
Re: miranda rights
Cops can cuff someone for their safety. Do you need an attorney? I'd get one if I were you.
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