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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4500
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I have a felony charge pending /del of controlled substance

Customer Question

I have a felony charge pending for manufacturing/del of controlled substance more than 1 less than 4g I was stopped for speeding and he searched the car and found it. there is no video or audio of the stop and arrest also he did not read me my Miranda
rights I have a court appointed lawyer he hasn't told me what the DA is saying is the video and/or audio necessary for the conviction? I only received a verbal warning for the speeding
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 2 years ago.


I'm sorry to hear about your situation. Unfortunately, no, police are not required to use audio or video recordings to get a conviction. It certainly helps, but the officer can testify as to what occurred. Depending on the jury, that may or may not be sufficient enough to get a conviction.

Generally, speeding is not sufficient for an officer to search your car. Either you would have had to have given consent to search the car, or the officer would have had to had probable cause to believe there was contraband in the vehicle before searching, generally. If neither of those things occurred, then your lawyer might have grounds to file a motion to suppress the drugs.

Finally, with respect to Miranda warnings...unfortunately, television makes it seem like officers must give them every time they arrest a person. However, officers really only have to read them if they are taking you into custody AND they plan to interrogate you. If you were arrested and interrogated without the warnings, then the lawyer could file a motion to suppress any statements you made. But if you were never questioned, or if you were questioned but didn't say anything, then there wouldn't be anything to challenge.