Wednesday, May 19, 2010

More detail to my miranda rights question?

I had an out of state in-state warrant only and knew a guy who knew this as well. He was busted on drugs when police were doing an in town round up. I guess he thought telling them I had a warrant would help him get leniency? They showed up and cuffed me while they ran the warrant they also cuffed my wife. They seperated us. After I was cleared for the warrant but still in cuffs they took me to my house where I saw the police around my wife trying to bully her into letting them search. I screamed out that the had to have a search warrant, however they still went inside my house twice. Supposedly my wife said we had a little bit of weed but didnt consent to a search. They entered anyways and placed us in jail on a 24 hour hold. I was in jail at 7:30 and at 8:o5 they received a search warrant from the judge. When the police went into my house before the search warrant they said they saw a small bag of marijuana in plain sight.

More detail to my miranda rights question?
when your wife said you had pot in the house that gave them their probable cause.





Consent was not needed after that. It something a lwyer might get thrown out but it is reasonable.





You dont have to have your rights read to you for them to ask the question becuase one they havent arrested her yet. They can question her if she said no to everything what would their reason be for arresting her? they were trying to find if there was a reason to arrest her once she admitted to the drugs then they had reason. Until then there was no reason. The cuffs are put on for saftey.





If I am questioning a person and they say "I have drugs in my car" I no longer need to gain permision to search the car. Them admitting to having them gives me probable cause to search.





ADDITION: They get a search warrant after the fact to be able to search the house without restriction If someone tells me they have drugs in their living room my probable cause might be restricted to the living room only as that is all I have credible info for. The warrant would broaden my search area nd would also take away any chance of the evidence being thrown out. Kind of a covering all the bases
Reply:You need to learn the way the law and your rights work because I can tell you, they don't work the way you think they do.





Your wife needs to learn how to keep her mouth shut around cops. No, they don't need to read her her rights just to ask her questions. You'll only be read your rights when you are arrested. She gave them the evidence they needed to get the search warrant - they may not have been able to get the warrant without her admitting there was pot in the house. They apparently didn't enter your residence until after they got the search warrant. Once they have a warrant, they don't need your or your wife's consent to search.
Reply:there is a reason it's called dope.





you can refuse to let them search, but you can't say "yeah, i have some drugs, but you can't have them" at that point, you pretty much lose. try not puffing so much.

flip flop

No comments:

Post a Comment