Legal Question in Criminal Law in Pennsylvania
should rights be read
If a cop searches your car and finds drug paraphenalia and tells you you are under arrest, will they let you go or take you into custody. no rights were read, no paperwork nothing was done. Can a person still be under arrest if they let him go
1 Answer from Attorneys
Re: should rights be read
Should rights be read? No, not if you weren't asked a question.
The real question is, how did it come about that they searched the car? Did you give consent? Did they get a warrant? Or was the paraphernalia in plain view??
You will probably receive the charges in the mail, ordering you to appear before a magisterial district judge on the charge.
You should hire an attorney if you are charged to look into the legality of the initial traffic stop, the legality of the search, etc., as well as your other legal options.
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