If your car is searched AFTER you admit you are guilty and you were not given your miranda rights, is there a good chance of dismisall in court?
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If your car is searched AFTER you admit you are guilty and you were not given your miranda rights, is there a good chance of dismisall in court?
Im asking because i think if you are searched after you admit guilt that defeats the purpose of probable cause. The search should have been done first, right?
Asked on May 16, 2009 under Criminal Law, North Carolina
Answers:
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Unfortunately, this is not the law. If it were, everyone would admit guilt to something to avoid something being found - like a dead body- to avoid a more serious charge. Miranda rights do not come into play unless the police are interrogating you when you are in custody and there is reason to believe that you may elicit something that will incriminate you. Thats the general rule. If you admit guilt before they begin questioning you and the search the car because the have probably cause to believe you have or are committing a crime/or it is incident to an arrest, the evidence found will NOT be suppressed. When you are arrested in the future, you should always remain silent and let the police do their job. Do not answer questions without a lawyer present. I suggest that you hire a lawyer to help you out in court. if you cant afford one, be sure to ask for a public defender.
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