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?
2 Answers from Attorneys
Re: miranda rights
You should definitely retain a private attorney as soon as possible. As for your miranda question, whoever taught you that rule was flat wrong. People misunderstand Miranda all the time. Here's the formula: Miranda applies only to (1) custodial (2) interrogation. You need 1 plus 2 for miranda to apply. You certainly were (1) in custody. However, you were not (2) interrogated. Why? He didn't need to. From your story alone he got to your marijuana from a perfectly valid inventory search incident to a valid impound. He doesn't need to ask you a thing, and has enough evidence to sustain a conviction whether he asked you a single question or not. You should definitely retain private counsel, and tell whoever told you that old wives' tale about miranda to get it right. You actually now know more about Miranda than 90 percent of the population.
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Re: miranda rights
No, that's not true. It's a myth. They have to read you your Miranda rights if 1) you're in custody AND 2) they ask you a question.
There MAY be an issue with the legality of the search, however.
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