Legal Question in Criminal Law in South Carolina
marijuana possession
the officer did not ask for consent before searching vehicle, and did not read me my Miranda rights. is there any platform for the charge to be dropped because of unlawful search and seizure?
1 Answer from Attorneys
Re: marijuana possession
When the police pull a car over they are allowed to conduct a limited search of the vehicle for safety reasons. They cannot tear the car apart, but they can look under the seats, in the console, in the glove box, etc. As far as reading a person their Miranda Rights, there is no requirement that they do that. The law says that they have to read your rights in order for the prosecutor to use any of the defendant's statements against them at trial. There are other defenses however depending on the facts of the case. You can email if you have any other questions. Good luck. [email protected]