mez oner Posted October 13, 2009 Share Posted October 13, 2009 No. The courts have made clear that police officers do not have to tell people that they can refuse to consent to a warrantless search. In other words, a police officer does not need to read you your rights before asking you to consent to a search. Also, despite the widespread myth to the contrary, an officer does not need to get your consent in writing. Oral consent is completely valid. Many people believe that an officer must automatically read a person his or her Miranda rights as part of performing an arrest, either immediately before or immediately after an arrest is made. This is also myth. The truth is that the only time an officer must read a person his or her Miranda rights is when: (1) the person has been taken into custody, and (2) the officer is about to question the person about a crime. The arresting officer must read you your rights before questioning you and the judge must again read them to you individually or to the courtroom as a whole at your arraignment... homeboy was questioned and BOOKED, for these charges, meaning he was arrested and taken into custody, however, the while this avenue of defense is very persuable, the cop could certainly very easily lie about this and im sure they would. regardless of the video from the squadcar, this could very easily be fabricated,and i would be willing to bet that his report will reflect that he read you your rights at the time of the arrest... my personal advice would be: DO NOT let a public pretender talk you into taking a plea deal, with said deal there is possible jail time, and definately probation, which if youre a human being you are certain to fuck up, resulting in jail sentencing etc. def advise your pd(public pretender) of the lack of miranda rights, and advise that you want to take it to trial, and shoot for a dismissal based on the miranda thing or lack of sufficient incriminating evidence, doesnt matter what they got.... just go down fighting!! Link to comment Share on other sites More sharing options...
mez oner Posted October 13, 2009 Share Posted October 13, 2009 oh, yeah almost forgot... your right to refuse a warrentless search is NOT included in your miranda rights... they are as follows: The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her. The question that it comes down to is: after you were arrested did the police ask you any questions about the incident and did you answer them... at what point did this occur? if they did this and your attorney is ablo to raise doubt that you were properly advised of your "miranda" rights you def got a solid leg to stand on and call for a dismissal, especially if the cops used your statements, lack thereof, or their questions in the police report.... good luck Link to comment Share on other sites More sharing options...
!@#$% Posted November 10, 2009 Share Posted November 10, 2009 i got caught up too is there a thread for getting caught up bombing by the pigs? not really a thread, as every case is different plus state and sometimes city laws can vary considerably. basically, you need to get a lawyer. when choosing one, the lawyer should be able to say something like this to you: this is not a big deal, we're going to get you off the charges or else you need to find a better lawyer. to the rest of y'all, you are responding to a near 3 year old thread, and we have other threads in the yard about 'rights' see also the "busted" thread in the yard for more Link to comment Share on other sites More sharing options...
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