Arrest, Search, Seizure, Warrant illegal search and seizure?

[xcytemedia]

hello,
i was passing an apartment complex that had been on fire and emergency officials were there tending to the incident. as i passed they screamed at me to stop so they could redirect me, however, since my windows were up and my music was on, i didnt hear them. Eventually i heard them and stopped, but it was too late. the officer was at my window screaming at me to get out of my car. i did and they patted me and arrested me and then proceeded to search my car without asking for permission or reading me my rights. they found 2 grams of marijuana and a pipe and charged me with possession of marijuana. I was never read any rights, given a chance to a lawyer and never asked to search. I am wondering if this is an illegal search. thank you very much for your time.

 

[CdwJava]

i was passing an apartment complex that had been on fire and emergency officials were there tending to the incident. as i passed they screamed at me to stop so they could redirect me, however, since my windows were up and my music was on, i didnt hear them.

That sounds like you were either not paying attention, or, your music was too loud. Either one can be very bad in an emergency.

Eventually i heard them and stopped, but it was too late. the officer was at my window screaming at me to get out of my car. i did and they patted me and arrested me and then proceeded to search my car without asking for permission or reading me my rights.

Once you were arrested, two theories likely existed to justify the search. One would be a search incident to arrest of any place you could have reached from the driver's seat ... which is generally most anywhere in the interior. The second theory is that if the vehicle is to be impounded (likely because of your arrest) they can search the entire car and inside locked containers as part of an inventory of the vehicle.

Miranda rights are only required after an arrest IF you are also to be interrogated. No interrogation means no need for Miranda.

they found 2 grams of marijuana and a pipe and charged me with possession of marijuana.

Bad idea to keep your stash in the car.

I was never read any rights, given a chance to a lawyer and never asked to search. I am wondering if this is an illegal search. thank you very much for your time.

Unless you can somehow argue that the arrest was unlawful or lacked probable cause, the search is likely going to be legal.

Consult local counsel.

- Carl