If arrested, handcuffed and then asked the question " Will you sign a consent to search " but no Miranda given

Jesse

Yes it is. as long as you signed the paper its legal. They dont have to read you your rights unless you are arrested and sometimes not even untill you get to the jail. and they dont have to read you your rights to search your house. even if they NEVER read you your rights, the search would still be leagal because you ok'ed it.
hope that helps.

BigEasy

The miranda warnings are in no way related to the search issue. But, when giving consent for a search, the voluntariness must be weighed. It is an issue that an attorney will have to take up. If your attorney can prove that you were in no position to give a voluntary consent or if your voluntary consent was given while you were in duress, the legality of the seach can be challenged. The only thing the police can search without an arrest warrant, if you are in your house, is the area immediate to where you are or were. If there is belief someone else is present, they can conduct a protective sweep of the house. If the items found would have been found in these two searchs then the evidence will still be usable. But if your attorney can show you were intimidated, under duress, etc. then the evidence can be challenged as 'fruit of the poisonous tree'.

freshmeatz

yes it is

Thomas M

Simple answer is yes. Miranda does not have anything to do with search and seisure. Miranda deals with detention and interrogation (the definition of arrest). I have asked many arrestees to search their vehicles and houses after arrest and have been given permission.

Whether the person feels intimated is shaky at best. Unless there is video evidence the police officers threatened the person, it would be extremely difficult to prove intimidation, seeing a person under arrest may feel an increased amount of fear just being in that situation.

Back to Miranda. The officers may ask the suspect any question as long as the question is a fact-finding one: such as what is your name, what is your address, etc. The consent to search is covered under fact finding and not related directly to the commission of the crime.

Maryn

I am not a lawyer, so take this for what it's worth, an educated guess.

A Miranda warning is connected to your rights as a person who's arrested and accused of a crime. It's not directly related to the search.

You gave permission for the search, and as such, gave permission for the police to find evidence to use against you. I suspect that your attorney's attempt to get the evidence excluded because you were intimidated isn't going to sway the judge.

Sorry.

Sweetpea

Miranda only needs to be given if you are questioned. You were not interrogated.

Emerald Eyes

just b/c you were handcuffed doesn't necessarily mean you were under arrest unless they say so and read you your rights,you were just in their custody!

You signed the consent form so they legally did their search. If you hadn't signed it, they would have just gotten a court order anyway.

Miranda is for questioning - not for searching. They would have to give you your Miranda rights before interrogating you-not before searching your home, car or business..

charlsyeh

there was no need for a miranda warning before the search cause you were not charged with anything. if they find something then you will get your miranda.the search is legal and upheld by thye supreme court

OldGringo

That's a good question. What proof is there?

Clif S

Yes because you only need to be read Miranda Rights when you are being interrogated NOT when you are under arrest.

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