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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
Answered 15 years ago | Contributor
The police have to read you your rights before they question you, even if you're not actually under arrest, if you aren't free to leave, or if anyone in your place would think they weren't free to leave. Handcuffs ought to do it, for this one. Anything you said, answering questions in handcuffs without having your rights read to you, should be out of any case against you.
If you admitted owning the bag of marijuana without being asked, though, then it doesn't matter if they didn't read you your rights first.
Unless they do file charges against you, it doesn't really make any difference. If you are charged with possession, it is possible that you could have your answers to questions asked without reading you your rights thrown out of the case, which might be the end of it.
This isn't a simple problem, and you should talk to an attorney if you are charged. If you need to find a lawyer, you can do that at http://attorneypages.com
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