were my rights violated?

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were my rights violated?

i was staying over at a friends house when the cops came in with a warrant to search the place. arrested him and searched and cuffed me. i had a small bag of weed in the room we were in. i claimed it. but the cops never read me my rights until after the questioned me. they then let me go and took my friend to court they said i would recieve charges in the mail. i was never under arrest, so what happens?

Asked on May 2, 2009 under Criminal Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well, first and foremost your rights were not violated.  You were a guest in someone's home (not your home) and police had a warrant. Fair game.  They had (I am assuming) language in the warrant to be able to detain you (for their safety) and search, thus finding the weed. 

Now, I will spare the what the heck were you smoking weed for talk but here goes the rest: you were smart to claim it -- never pays to lie to police.  They didn't have to read you your rights until you were placed under arrest.  You claimed it before they questioned you --- you volunteered it so Miranda doesn't apply.  In terms of "letting you go", they probably will cite you for posession.  See the law below. 

http://www.pacode.com/secure/data/204/chapter303/s303.14.html

http://www.pacode.com/secure/data/204/chapter303/s303.15.html

 

If you get the charges in the mail or otherwise, and feel you need to fight it or at least try to plea it out or down, contact an attorney.  Try www.attorneypages.com.


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