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  1. #1
    Join Date
    Jun 2008
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    Question Miranda Rights

    My question involves criminal law for the state of:CALIFORNIA


    I WAS A PASSENGER IN A VEHICLE THAT WAS STOPPED, THE POLICE WAS GIVING PERMISSION TO SEARCH THE CAR. WE WERE NOT ARRESTED BUT DETAINED. DURING THIS TIME A CONTROLLED SUBSTANCE WAS FOUND IN THE FRONT AREA BETWEEN ME AND THE DRIVERS SEAT. THE POLICE ASKED ME WAS THE CIGARETTES MINES I SAID YES AND WAS TOKEN INTO CUSTODY WAS MY RIGHTS VIOLATED IN PRELIM THE JUDGE REFUSED TO THROW OUT THE CASE INLAYING STATING IF HER DECISION IS WRONG THEN SUPERIOR COURT WILL DECIDED. MY PD THINKS MY MIRANDA RIGHTS WERE VIOLATED WERE THE

  2. #2
    Join Date
    Jul 2006
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    2,652

    Default Re: Miranda Rights


  3. #3
    Join Date
    Jun 2008
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    Default Re: Miranda Rights

    Even If They Asked Me A Self Incrimating Question I Was Not Free To Leave In The Report The Offericer Stated That We Were Detained What Is The Difference Between Being Handcuff And Being Detained If Im Not Free To Leave Then How Do They Have The Right O Question Me About The Drugs They Found In The Car And I Was Not The Driver But They Felt They Were Found In My Areea So They Assumed They Were Mines When They Asked Me The Qustions Thats Not Considred An Intrrgtin ?/

  4. #4
    Join Date
    Jan 2006
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    Default Re: Miranda Rights

    MY PD THINKS MY MIRANDA RIGHTS WERE VIOLATED WERE THE
    then listen to your attorney and appeal any conviction based upon the improperly gained evidence.

  5. #5
    panther10758 Guest

    Default Re: Miranda Rights

    Quote Quoting blkbrry
    View Post
    My question involves criminal law for the state of:CALIFORNIA


    I WAS A PASSENGER IN A VEHICLE THAT WAS STOPPED, THE POLICE WAS GIVING PERMISSION TO SEARCH THE CAR. WE WERE NOT ARRESTED BUT DETAINED. DURING THIS TIME A CONTROLLED SUBSTANCE WAS FOUND IN THE FRONT AREA BETWEEN ME AND THE DRIVERS SEAT. THE POLICE ASKED ME WAS THE CIGARETTES MINES I SAID YES AND WAS TOKEN INTO CUSTODY WAS MY RIGHTS VIOLATED IN PRELIM THE JUDGE REFUSED TO THROW OUT THE CASE INLAYING STATING IF HER DECISION IS WRONG THEN SUPERIOR COURT WILL DECIDED. MY PD THINKS MY MIRANDA RIGHTS WERE VIOLATED WERE THE
    Miranda applies once you are under arrest. Your own statement here states you were not under arrest at that time so Miranda did not apply

  6. #6
    Join Date
    Sep 2005
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    Default Re: Miranda Rights

    It sounds like a traffic stop and search, with everybody removed from the car. I could make a decent argument that this was a detention of sufficient magnitude to constitute an arrest under Miranda. (I might not win, but I could argue it.)

    But even if we assume arrest, there's more to the analysis. The question "are these cigarettes yours" is not obviously one that calls for self-incrimination - so to begin with, I would need to know if these were joints stashed in a pack of regular cigarettes.

  7. #7

    Default Re: Miranda Rights

    The fact is that most lower trial courts will always side with the police unless the issue is very clear and sometimes even then. He was not arrested until he said the items were his. Up to that time it is a consensual encounter so not subject to Miranda. I agree that you can make the argument, which is what happened here, but you will almost always lose.

  8. #8
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Miranda Rights

    If you were not cuffed, were not in the back of a police car, and the amount of "force" used was not such that it might give rise to a reasonable belief you were under arrest, chances are a Miranda argument will fall flat.

    Generally the occupants will be asked to step out and stand or sit in a particular place. This is not likely (by itself) to give rise to a good Miranda argument. But, courts differ.

    But, the devil will be in the details.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Miranda Rights

    blkbrry, we have two factions at work here, the US Constitution and the CA Constitution.

    I can speak for the US. If you have read the Miranda decision, it clearly states "general on scene" questioning is not subject to Miranda.

    Also the SC has ruled, as a progeny of, the "roadside questioning" of a detained motorist is NOT custodial for Miranda purposes.

    In a subsequent ruling they expanded it to the questioning of a detained motorist who is under investigation for DUI, it is NOT custodial in nature.

    However, you can of course, point out any possible violations to your attorney for constitutional analysis. The case law is vast, so you never know what may help??

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