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tracker112
Concerned Citizen
Joined: 22 Dec 2007
Posts: 1
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 Posted: Sat Dec 22, 2007 8:00 pm Post subject: Rights never read |
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| Recently, a friend and I were pulled over for a burned out headlight. The cop could smell the pot, and honestly, it was no contest. We were cordial and willingly told the officers where everything was and the cops were very polite as well. However, at no time during the arrest did any cops read us our rights. Do we have a chance at fighting/getting the charges overturned? |
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FZRaven
Activist
Joined: 07 Aug 2007
Posts: 290
Location: Vermont
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| Posted: Sat Dec 22, 2007 8:34 pm Post subject: |
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I doubt it, they found the cannabis in your car right? After you told them where it was?
The only thing that could be thrown out would be any information that was obtained after they arrested you. Smelling the burnt cannabis was probable cause, so no matter what they would have been searching. |
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yamaha_1fan
Concerned Citizen
Joined: 28 Jan 2008
Posts: 3
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| Posted: Mon Jan 28, 2008 5:47 pm Post subject: |
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My understanding is they dont have to read you your rights. Just anything you say afterwards cant be used against you.
But since you told them where it was BEFORE you arrested, I think you are out of gas on that one. |
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sharpend43
Antiprohibitionist
Joined: 14 Mar 2008
Posts: 27
Location: Newark DE
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| Posted: Fri Mar 14, 2008 6:28 pm Post subject: |
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Miranda decision is like this, CUSTODY plus interrogation requires rights.
Police dont have to read you your rights at a normal roadside encounter. |
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