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Your Rights... Arrest, Search, Seizure, Warrant

Discussion in 'Criminal Procedure, Criminal Court' started by jsorran, Aug 27, 2001.

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  1. jsorran

    jsorran Law Topic Starter New Member

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    What are your rights when comfronted by police and they dont even ask you to search you, they dont read you your miranda's..and then throw you in the back of the police car after finding "club" drugs on your person.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    We have a lot of posts regarding searches and seizures for drugs and the requirements. If police just grab you for no reason whatsoever, search you, find drugs, and then throw you in the back of a police car, then I'm sure there was some violation of rights, including potentially an illegal search. However, I find that rarely if ever do things ever happen that way and usually some key parts of the story are omitted -- I'm not saying that this is the case here. Usually there are circumstances that would give the officers reasonable or probable cause to conduct a basic pat down. Simply because Miranda hasn't been read does not mean that an arrest was per se illegal -- it may mean that something you said after an arrest might be inadmissible because Miranda was not read. Miranda is merely a warning that what you say can be used against you.
     

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