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I was not read my Miranda rights while under Custodial interrogation and they found Less than a gram of weed, and a pipe one me?

Mesa, AZ |

ok i'm 17 I was stopped by the police for Probable Cause: after i hopped a wall and walked towards a parked car and moved away from it after the cop passed by. He turned on his lights and drove in front of me and got out of his car, told me to stop and asked where i was going i told him "too the store". He did not believe me keep asking me what i was doing and asked for my ID and told me to sit down and i could not move my freedom of movement was restrained "Custodial interrogation". Seconds later another officer arrived, then the officer that stopped me went too the parked car. The officer that just arrived was asking me all kinds of questions like what was i doing, where i was going, my name where i lived the whole works, all while i could not move. asked if i has any drugs i said yes.

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Attorney answers 5

Posted

There are many exceptions and variations of the rules as to when Miranda is required. Your circumstances, as described by you here, seem to fall into one of those. HOWEVER, you should have an attorney representing you. If so, you need to discuss these issues with him/her since he knows your circumstances best. If you don't have counsel, seek and obtain one. These are facts, issues that you should be discussing with your attorney in private not online.

Asker

Posted

Thank you very much which one does it fall under?

Craig S Orent

Craig S Orent

Posted

I would not answer without knowing more details, seeing the reports etc. If you are truly in need of assistance then seek counsel. If you're doing a school project then you're on your own. Sorry

Asker

Posted

ok, but one more thing, he talked to my mother on the phone and asked if he could look through it she said no, but he still did. is there a chance we could maybe sue them?

Posted

Tell your parents to hire you a lawyer you can speak to regarding your case. There may be a ton of issues to discuss regarding Miranda and other legal topics.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

Posted

Not a strong Miranda issue. Even assuming, for the sake of argument, that you should have been warned, which is not clear, it is presumably the drugs found on you, not your statement, which is the basis of the prosecution. Suppressing the statement, which would be the Miranda relief, is not going to do much for your defense. But just maybe you have something to work with on the theory that the search would not have taken place but for the statement. Of course, you have a Terry "investigative detention" problem which may undermine your Miranda claim. All in all, at first blush your Miranda argument does not strike me as very persuasive, but it is worth your attorney's consideration.

Posted

Make sure you have an attorney representing you. This area of law is too complex to try and represent yourself.

Posted

These legal issues are complicated and better to be discussed in private with an experienced criminal defense attorney. Retain counsel to protect your constitutional rights. Good luck.

Kaitlin S. Verdura, Esq.
Verdura Law Group PLLC
www.verduralaw.com
602-421-0515

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