Unlawful search and seizier ?

[samoth]

Yeah, that is exactly what I meant. They can detain, but before interrogating they have to mirandize for the statements to be admissable. They mention in the end that some statements pre-miranda but post custodial detention can be admissible but the only exception that I recall of this sort was when the defendant made statements on his/her own without any questioning, and, of course, name and address.

So, I think we agree.

TITCR, I'm just too ignorant of the subject to express things correctly, lol.

 

[heatherrae]

Yeah, that's what I poorly attempted to say, lol.

Late teen/early 20's people that I've known (usually the less educated ones) tended to believe the media-influenced idea that if a cop didn't read you the Miranda rights, you got an automatic get out of jail free card. That's probably why this stuck out in my head so much.

yeah, that is why I added it to my little diatribe above...lol. Miranda doesn't mean NEARLY as much as people think it does.

I also laugh when people say, " we should appreciate all that Miranda did for us"...lol. He was a rapist and a real loser criminal...lol.

 

[gonelifting]

Does Miranda have big tits? If so, give her my number. 3 Million cops can't be wrong.

 

[MichaelScott]

He didn't even need it. He had consent to search.

Whether he did or did not have probable cause and would actually impound the vehicle to get the warrant is unknown. There may have also been an exception to the warrant requirement. The poster didn't give enough information. There are cases where the smell of marijuana is enough for probable cause. Or the kid could have been all glassy eyes and driving erratically. We just don't know the facts here. He may or may not have had probable cause or a valid exception to the warrant requirement, but, in the end, he didn't need it because the guy consented.

he probably left out the fact his "buddy" had a roach in the ashtray or a bowl in his hand, etc when the cop came up, it probably looked like a scene out of a cheech and chong movie

 

[heatherrae]

he probably left out the fact his "buddy" had a roach in the ashtray or a bowl in his hand, etc when the cop came up, it probably looked like a scene out of a cheech and chong movie

Yeah, you never know. I have had cops ask if they could search my car before on a routine stop, and I don't drink and drive and never do drugs. I think the cops were just seeing whether I would get nervous or anything. I told everyone who has ever asked to go ahead, because I had absolutely NOTHING to hide.

The best defense is to quit breaking the damn law....LOL.

 

[Gambino]

good post hr (first time i've ever said that lolllol)
but to add, pot is easy to lie about...cops can say the smelled it or suspected the user was high...and that's enough for probable cause.
one time my non-blazing buddy got pulled over on the hwy. the officer insisted the car smelled like weed, my buddy lol'ed and said no way and allowed the cop to search it.
after the empty-handed search my boy told the officer he hasn't smoked in over 5 yrs...the cop said he was acting on a hunch and grinned.
fucked up

 

[heatherrae]

good post hr (first time i've ever said that lolllol)
but to add, pot is easy to lie about...cops can say the smelled it or suspected the user was high...and that's enough for probable cause.
one time my non-blazing buddy got pulled over on the hwy. the officer insisted the car smelled like weed, my buddy lol'ed and said no way and allowed the cop to search it.
after the empty-handed search my boy told the officer he hasn't smoked in over 5 yrs...the cop said he was acting on a hunch and grinned.
fucked up

Yep, whenever I would see a cop start to go up to the stand I would wonder what all his "testilying" would entail.

I think cops on the stand lie A LOT MORE than your average person on the stand.

 

[Gambino]

Yep, whenever I would see a cop start to go up to the stand I would wonder what all his "testilying" would entail.

I think cops on the stand lie A LOT MORE than your average person on the stand.

ever read courtroom 302 by steve bogira?
good book on courtroom culture, check it son

 

[heatherrae]

ever read courtroom 302 by steve bogira?
good book on courtroom culture, check it son

I'll check that out. I mainly read non-fiction and like books about my profession, so I'm sure I would like it. Thanks for the reccommendation.

 

[Gambino]

I'll check that out. I mainly read non-fiction and like books about my profession, so I'm sure I would like it. Thanks for the reccommendation.

my lawyer bro gave it to me
law peeps on other boards i frequent have all read it
interesting, talks about subjects like the trial tax and innocent verdicts even though the defendant plead guilty.