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  1. #1
    Join Date
    Apr 2011
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    3

    Default Arrested for Possession of THC and Paraphernalia in Wisconsin

    My question involves criminal law for the state of: Wisconsin
    Ok so me and a buddy were leaving a friends house and a cop came out of no where turned on his lights. We each got in our car answered each question. He asked me if he could search my car I said if he doesn't have a warrant than no. He then asked me to step out of the car. He said my car smelled like pot and searched me found nothing then cuffed me put me in the back of the car and searched my car. I repeatedly said "don't you need a warrant?" he never answered my question. He also never read me my Miranda rights. He took my car keys and went into my locked glove box and found a small amount of weed and a pipe, he also found a flask from atleast 2 years ago which I was charged for. I was then along with my buddy takin down to the police station finger printed and photographed.
    So my question is don't I have to be read my Miranda rights when being arrested?
    Also doesn't an officer need a warrant before searching my car?
    And if my glovebox is locked isn't it an invasion of privacy for him to unlock it and go in there?
    Lastly can I really be charged for a empty flash?
    Btw I insisted on a breathalyzer which I blew a 0.000

  2. #2
    Join Date
    Sep 2005
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    Default Re: Arrested for Possession of THC and Paraphernalia in Wisconsin

    Presumably the officer is going to argue that the smell of marijuana in your car created probable cause for the search and that, under the motor vehicle exception to the warrant requirement, he was justified in proceeding with a warrantless search. You are free to work with your lawyer to try to suppress the evidence obtained through the search. If you have drug paraphernalia, you have drug paraphernalia. "I haven't used it for two years" isn't a defense to possession of paraphernalia.

    You haven't told us why you were pulled over. There may be something there for your lawyer to work with.

  3. #3
    Join Date
    Apr 2011
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    3

    Default Re: Arrested for Possession of THC and Paraphernalia in Wisconsin

    I wasn't pulled over he stopped me while I was walking to my car. I've been told by a friend the fact that I wasn't read my Miranda rights should get it thrown out

  4. #4
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Arrested for Possession of THC and Paraphernalia in Wisconsin

    Quote Quoting Gonzo1323
    I wasn't pulled over he stopped me while I was walking to my car.
    You are sending mixed messages. Your original post makes it sound like you "each got in our car" and he "asked me to step out of the car".

    Please clarify exactly what happened. It is in your best interest.

    If you tell us you were stopped before you got in your car, you'd get an answer you'd like, but if you actually got in your car before you were stopped, you would likely not like what's going to happen in court.

    I've been told by a friend the fact that I wasn't read my Miranda rights should get it thrown out
    Your friend is mistaken. If they did not read you your rights before interrogating you while surrounded by menacing officers, or while in an interrogation room at the police stattion then anything you said should be suppressed.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Arrested for Possession of THC and Paraphernalia in Wisconsin

    Quote Quoting Gonzo1323
    View Post
    We each got in our car answered each question
    Quote Quoting Gonzo1323
    View Post
    I wasn't pulled over he stopped me while I was walking to my car.
    You were either in your car or you weren't in your car.

    If you weren't in your car, your lawyer has more to work with.

  6. #6
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Arrested for Possession of THC and Paraphernalia in Wisconsin

    The cop pulled up as I was walking to my car from a buddies hopped in my car to stay warm

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