After being arrested and handcuffed the police ask you to sign a consent to search your house, no miranda warning was given or signed. My Attorney says it is an illegal search and seizure. He says asking you any question even to sign a search consent is illegal with no miranda. Do you agree?
2007-07-06 08:17:30 · 6 answers · asked by Joe 1 in Politics & Government ➔ Law & Ethics
Why are you doubting your attorney in favor of a bunch of NON-legal types? Your lawyer knows the law in your area, as well as other laws better than we would.
If you truley doubt him/her, ask another attorney.
In my humble opinion, the Police can ASK anything. What you answer and how you answer is the real question. If you dont like the way things are going, answer every question with "I'd like to speak to my lawyer first.".
2007-07-06 08:25:52 · answer #1 · answered by Marvinator 7 · 0⤊ 0⤋
Your lawyer is completely wrong, you can be asked anything as long as it is not related to gathering evidence against you without being read your Miranda rights. I don't agree with the officer getting you to sign a consent to search - if you were under arrest they probably had enough to get a search warrant. I am thinking anything gained from the consensual search will be tossed.
2007-07-06 08:24:55 · answer #2 · answered by dude0795 4 · 1⤊ 0⤋
The only question a police officer is to ask is in strict reference to a "pat down" personal search. They are allowed to do that so they begin a "safe" inquirey. He'll ask if you have needles, a knife or other sharp objects on your person so he does't get jabbed or cut, and thus, hazard getting AIDS. Any question pertaining to an offense, must be preceded by a miranda warning.
2007-07-06 08:26:55 · answer #3 · answered by Sophist 7 · 0⤊ 0⤋
It is... but to tell you the truth, having been in some hairy situations with the US police, PIGS GET AWAY WITH MURDER.
Sorry brother, but unless you have an expensive lawyer, you are simply another victim of the police state.
PEace.
2007-07-06 08:21:42 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The police have the right to ask you to sign, you have the right to decline.
2007-07-06 09:33:19 · answer #5 · answered by Anonymous · 1⤊ 0⤋
The operative term here is "Asked".
2007-07-06 08:26:03 · answer #6 · answered by Wounded Duck 7 · 0⤊ 0⤋