Alcohol & Drugs: MIP, MIC, Intoxication drugs and mistakes

[idlehands]

I was recently arrested for carrying a pipe, rolling papers, an empty dime bag and being on triple c's. I'm sixteen years old and the searched my purse, arrested me without reading me my rights, and did a urine test without parental consent. From what I've heard from people and read online, when your arrested which they said I was and they handcuffed me, not reading me my rights is a problem. Also I've heard that they can't search your bag but they can pat you down to look for weapons. They didn't pat me down but they took all my bags as well as my friends bags and searched through every single one of them. When I got to the police station a female officer took me into a bathroom and told me to pee in a cup, without calling and asking for my mother's permission. I'm not really sure if what I've heard is true but can someone please help me and tell me if the cops did do a lot of things wrong?

Thank you,
haley

 

[Michael Wechsler]

Hi Haley. I'm sorry to hear about your problem. You are correct about Miranda rights, but it is also permissible for the officers to find evidence of drug paraphernilia when doing a pat down, e.g. the pipe sticking out of your pocket. If they simply took your purse and searched without any probable cause, then yes, there would likely be a very good defense that what was seized is inadmissible. However, you did mention that they did find you in a condition that may have been obvious you were "on something." That may change the circumstances.

It's difficult to comment without all the facts of the case being known except by a little summary but I think you understand the points made above and your understanding of Miranda. There is also the case of Yarborough v. Alvarado which stood for the proposition that a minor is more susceptible and Miranda must be read once the minor is detained and not even arrested.

The case is fact specific regarding you and there may be creases in the prosecution's case due to what seems to be sloppy handling of you. I don't know and don't want to give you false hopes. Have you and your parents retained an attorney?

I was recently arrested for carrying a pipe, rolling papers, an empty dime bag and being on triple c's. I'm sixteen years old and the searched my purse, arrested me without reading me my rights, and did a urine test without parental consent. From what I've heard from people and read online, when your arrested which they said I was and they handcuffed me, not reading me my rights is a problem. Also I've heard that they can't search your bag but they can pat you down to look for weapons. They didn't pat me down but they took all my bags as well as my friends bags and searched through every single one of them. When I got to the police station a female officer took me into a bathroom and told me to pee in a cup, without calling and asking for my mother's permission. I'm not really sure if what I've heard is true but can someone please help me and tell me if the cops did do a lot of things wrong?