If you arent read your rights when arrested then they find drugs on you at jail is search legal ?

UPDATED: Apr 21, 2009

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If you arent read your rights when arrested then they find drugs on you at jail is search legal ?

Child was arrested they are 18 crossed gaurd line with drugs on wat to jail

Asked on April 21, 2009 under Criminal Law, Georgia


S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Most jail facilities have notices posted at the entrance that you are subject to search if you enter their premises.

Most waiting rooms also warn people that they are subject to search.

There is no need to 'read their rights' to anyone in that circumstance. 'Miranda' rights only apply to your statements being excluded if they were taken without a warning, while you were in custody and being interrogated. A violation of Miranda usually only results in the statements not being used in court.  If one agrees to the search by entering, there are no additional necessary warnings. Speak to the defense attorney about a 'suppression hearing' if you feel there are other unique circumstances in this case.

18 means they are adults.

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