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Criminal Law/Not read my rights

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Expert: - 12/23/2006


Question
Hi a police officer came to my car and said it smelled like marijuana which was enough to search the car. He searched the car and said who is going to take care of the possession charge who is going to take the charge out of the car. I went with the officer and was booked and fingerprinted and everything and was never read my rights. After the arrest they asked me whose paraphernalia was in the car and i told them i might as well take the blame for that too but if that was after the arrest and they didn't read my rights shouldn't that charge be thrown away because they didn't read me my rights that said i didn't have to answer that question?

Answer
   A police officer has no obligation or reason to read "rights" to someone if the crime happens in the officers presence and he does not intend to use a confession at the trial.  In your case it sounds like you volunteered the answer to the question the officer asked you but you might have a chance in supressing that statement at trial if you know what you are doing and have some legal training.  If not then your attorney will know what to do.  

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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