Can I Be Charged With a Crime Based on an Answer to a Question I Gave Before I Was Read My Rights?
Question by steveo2937: Can I be charged with a crime based on an answer to a question I gave before I was read my rights?
Ok, so last night me and my friends were in my buddy’s car when the cops pulled us over for not having our lights on (this is as we are pulling out of the parking lot). Apparently while collecting our licences etc he notices some bud shake on my friend’s pants (the driver), who then admits that it is marijuana. We are all taken out of the car and searched, then sat down on the curb. The cop searches the car and finds a fair amount of bud. He asks me and the other passenger if we had knowledge of its presence in the car; my buddy says yes and I then say the same. He then goes on to tell us that according to Missouri law, this also makes us responsible for it. We are eventually cuffed then shoved into the back of the cop car, where we are then read our rights. Naturally I dont answer a single question after that, but I am nonetheless charged with possession of MJ under 35g.
Is there any way that this will absolve me? But more importantly, is there any way I can actually go about proving this?
I forgot to mention that in subsequent questioning, my friends admitted the bud was theirs, but I’m guessing this doesnt matter?
Special thanks to Bruce and rayven. Lesson learned = DO NOT TALK TO THE COPS
Know your rights…they aren’t joking when they say something will be used against you
Best answer:
Answer by Bruce
Miranda rights are only required when both of the following exist:
1. You are in police custody and not free to leave, and
2. You are being questioned for the crime you are in custody for.
A traffic stop is considered a “temporary detention” and not police custody for the purposes of Miranda. Therefore, anything you say is admissible.
As far as the drugs found in the car, there is a legal principle called “constructive possession”. Unless someone takes full ownership, everyone present can be charged.
What do you think? Answer below!
Related Drug Possession Information…
As Tony Berretta would say, “Don’t do the crime if you can’t pay the time”
Sorry, you’re out of luck dude. Next time smoke your spliffs at home.
The cops can’t read you your rights before you break the law………..
Chalk this one up to a learning experience and pay the fine.
If you volunteered information your are toast.
Herb
Yes you can.
Based on what you wrote, legally speaking you voluntarily gave a confession to a police officer at the scene.
Since he only stopped you for a traffic violation, neither one of you would be considered to be in police custody. Because of that, you both voluntarily admitted to having known about the marijuana in the car and as such, you were arrested.
Your rights were in full effect from the time he turned on his lights to pull you over. You both had the option to not say a single thing throughout the entire event and you both waived that right.
You should be charged and go to jail and based on what you said above, this is exactly what is going to happen.
Clean up your act and this type of thing won’t happen again.