Monthly Archives: October 2012

WHEN DO I GET MY MIRANDA RIGHTS? POLICE CUSTODY DEFINED

You’ve seen the police shows. After cornering the suspect, the cop begins to read the Miranda rights: “You have the right to remain silent…. You have the right to an attorney….” But when is the officer required to read you … Continue reading

Posted in miranda rights; search and seizure; police search; policy custody; police stop | Leave a comment

“THE OFFICER JUST SAW IT!”: PLAIN VIEW EXCEPTION TO POLICE SEARCHING WITHOUT A WARRANT

You failed to use your turn signal so the police officer pulled you over. After making the stop, the officer noticed some spoons and straws sticking out of your visor. The officer opened the visor. As it turns out, you … Continue reading

Posted in drug offenses, marijuana, narcotic offenses, plain view exception, police car search, police search, possession of cocaine, possession of marijuana, probable cause, search without a warrant | Leave a comment

MY GIRLFRIEND LET THEM IN! WHEN A VISITOR LETS POLICE SEARCH YOUR HOME

You had some errands to run so you left your house. Your girlfriend often stays with you. She even has a key. Or maybe it was a visiting relative or a housekeeper or someone who watches your child. In any … Continue reading

Posted in arrest, arrest warrant, consent to search, drug crimes, drug dealing, narcotics, search, warrantless search | Leave a comment