Arrest, Search, Seizure, Warrant 4th Amendment Rights Illegal search and seizure

[baller4billions]

I live in Wheeling, West virginia. Last night, my friend and I was pulled over in a car my friend was driving. The officers had no reason to pull us over. When the police came to the car, they asked the driver if she was drinking because she was swerving. This is a lie, she was not swerving. She said "no, do you want me to take a test right now." they never gave her a breathalyzer and said "step out, i want to check your eyes." and she says "OK". I was sitting in the passenger seat and asked the officer at my side of the window, "She was swerving?" the officer says "all over the road". This is a lie. I am 17 years old, but I was with an 18 year old. I was violating curfew but did not know it, but I'm with an adult aren't I? I am black she is white. The cops around see that, (if you get my jist). They treated me like I had drugs on me. I did, but they did not know that. The cop said something about searching me, mind you, I gave no probable cause. I asked, "can you do that?" at this time he immediately arrests me and searches me. He found $20 worth of weed. Then the officers searched the car, but they did not search the pretty white girl, who is 18. During the entire event, we both were polite as hell to the officers. I was not read my Miranda Rights at any time during the night. The officer puts me in the cop car and the two officers took me to the police sation and fingerprint and photo me. Then he calls my parents. Was the search legal? After all was done, they said that they pulled her over for 1 out of 2 lights in the liscence plate was out, but they was talking about her swerving in the road. Was the way we got pulled over legal? I believe that neither of us gave cause to even pull us over or to perform any search. Just because I'm 17 means that the 4th Amendent doesn't apply to me? Please Help.

 

[NYClex]

If she was swerving all over the road the cops had the right to pull her over. If a light on the car was out they also had the right to pull her over.

You mention a curfew. I don't know if there is any such curfew law, but if there is and they reasonably suspected you of breaking that law (for example because you obvioulsy looked young enough) they had probable cause that a crime was being committed and they can build on that. Some details are missing in your story. Legally there are many other factors that might give enough probable cause. The law on this matter is pretty complicated. If you should be charged your attorney will sort it out and should find any violations of your rights.

The cops don't have to give you the Miranda warnings. The court case only said, that if they don't, anything you said being interviewed cannot be used against you in court. But since here the cops' focus was not on what you said, but on what you carried, the Miranda question so far is irrelevant. Very often people who are arrested will only be given the Miranda warnings much later at the police station, rihgt before a detective finally wants to interview them.