Exposing Constitutional Rights Violations in a Drug Possession Case

Were You Read Your Miranda Rights and Were They Read to You Properly?

Miranda rights are commonly understood by most people by virtue of concept overuse in television crime shows, but many people do not actually understand how they should be delivered and what they actually mean. Miranda rights are not read until an individual is being arrested, but officers will often wait until the last part of an arrest to Mirandize the suspect. The reason for this is that the officer is actually conducting an investigation for probable cause before the arrest. The arrest is made when the officer thinks they have found probable cause. Questioning must stop after issuing the Miranda protocol if the defendant does not want to answer questions.

This arrest tactic establishes that the issue with Miranda rights is the investigation process. Evidence gathered without the rights being administered must be withdrawn from the prosecution case. The Fifth Amendment guarantees the right to remain silent if your answers are being used against you, as is included in the Miranda warning. This is central to the Miranda process. In addition, the Fourth Amendment can also be an issue in terms illegal search and seizure, including cell phone confiscation. This is especially prevalent in drug cases when officers are attempting to bust a drug ring. The U.S. Supreme Court recently issued a ruling regarding cell phones that requires officers to get a warrant if they suspect evidence is located on a personal cell phone, and the reasoning for the request must be clearly stated in the arrest report.

Questions that are answered during a probable cause investigation then becomes the problem. Always remember that the police can lie to any potential defendant in attempting to extract information concerning a crime. The suspect is not officially under arrest and the officer can use any tactic available to gather information. Suspects are not required to answer any police questions at any time, even in the pre-arrest investigation, because of the governmental non-interference guarantee of the Fifth Amendment self-incrimination clause. Always remember that Miranda rights do not need to be communicated verbatim as long as all of the pertinent information is delivered, but a non-traditional reading can still be used as negotiation leverage.

Any information given by a suspect is considered voluntary by the court by default, but the rules of evidence admission still apply. A novice defendant will have no luck instituting a constitutional question in court. This will take an experienced and effective criminal defense attorney who understands how to get any extracted evidence eliminated from the prosecution. All drug cases carry the potential for incarceration, so all drug case defendants will need a professional legal representative. Do not settle for a court appointment if there is a Miranda issue with your charge. Contacting a criminal defense attorney is an investment in your future.