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I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?

Herndon, VA |

I was in the car with my friend on Friday night as we were leaving a party. As we were pulling out we were stopped by the police and they searched the car. There were a total of 3 beers in the car that were all in the front seats of the car, and I was in the back. When the officer asked if I had drank that night I said yes, seeing no reason to lie since he would find out anyway. Later on he told me I would be charged with possession of alcohol because no one would admit who's beers they were. I realized after this had happened that our miranda rights were not read to us.

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Attorney answers 2


Miranda rights are only required when the suspect is: 1) in custody (which would effectively mean an arrest, and 2) being interrogated.

While it seems that you were being interrogated, the issue of "custody" is a very difficult burden to meet. Unless you were essentially already arrested, you will have a difficult time proving this charge. But it will depend on the circumstances.

If Miranda applies, then it excludes statements made and an evidence found as a fruit of those statements. So its arguable whether your addmission to drinking would come in. You should get an attorney to go over the facts in a lot more detail.

One other issue is whether consent was given to search the vehicle. If no consent was given, then there may be an issue with the officers going into the car. Again this is an issue you should speak with an attorney.

This answer does not create a attorney/client relationship, but is intended solely in the court of discussion. It is always my recommendation to retain an attorney whenever a court appearance is necessary. This recommendation is highlighted when it relates to an individual's criminal record.


Miranda may be an issue in your case, but there may also be other facts that need to be researched and investigated based upon the facts in your particular case. You should definitely consult with an attorney to see if a motion to suppress should be filed and argued in your case.

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