Miranda Rights Violation Case

Summary

Miranda rights are required before custodial interrogation. If a search warrant specifies person only, searching your home may be overreach. File a Motion for Discovery to obtain all statements, evidence, audio, and video of your arrest. Consult a local attorney for personalized advice.

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On july * * around * ish am my door was kicked in by lamar count ( paris pd task force) for impending breath. I was apprehend with a arrest warrant and search warrant for my pesron ( taj lee */*/*) after seeing both search warrant and arrest , i ask the officer why was yall searching through my belongings cabinets closets under couch and pillows etc when in fact you have me in cuffs. After being taking away drugs was found but i gave no consent
Based on your location in Lamar County, here are some general points:
- Miranda rights are required before custodial interrogation.
- Search warrant could allow a search of your property, even without consent.
If you believe your rights were violated, you may want to consult with a local attorney.
How can a,search warrant that clearly state me only constitute a search of my home
The search warrant's scope depends on its specific language. If it states "person only," searching your home may be overreach. Consult with a local attorney to review the warrant and your rights. Laws differ by location, so your state matters.
It does vary but law is law and no one is above the law right?
Absolutely, no one is above the law. In case of perceived violation of your rights, you can challenge the legality of the search and seizure process in court. This could potentially lead to the exclusion of the evidence found during the search.
What motion will i need to file with the court to get all statements evidence audio and video of my arrest?
To get all statements, evidence, audio, and video of your arrest, you need to file a "Motion for Discovery." This process might vary based on your location, so consulting a local attorney would be beneficial.