Arrest, Search, Seizure, Warrant Mom got me arrested

[Steveo118]

So I got home from school and a little later two police men were knocking on my door, I opened and they came right in my house, asking if I was me and I was like yeah and they told me they had a warrant for my arrest(which I never got to see, they just said they had one) but the arrest was for posession of marijuana and paraphernelia and they never read me my rights before doing so. So from there they took me to jail. I was in there for about 6 hours until my mom picked me up and then I learned that she's the one that grabbed my pot and bowl and took it to the cops, telling them I found this in my son's room and all that. So what I need to know is if that's a lawful arrest and all since I'm a minor and they came into my house without permission and arrested me without showing me this so called warrent that they had. Because in my knowledge to get a warrant it has to be through a judge which takes a couple days so I cant see how they could have had one. But then again I thought my mom telling them all this would be probable cause to atleast search me or the house, but not arrest me. So was that an unlawful arrest or what???

 

[NYClex]

Well, I fear it doesn't matter. Normally they would have needed an arrest warrant, but the unconstitutionality of an arrest in itself usually is of very little use to a defendant since it cannot serve as a defense. A defendant may be tried and convicted regardless of the fact that his arrest was made in violation of the 4th amendment (Frisbie v. Collins).

And who knows, they might have had one. Or claim exigent circumstances.

Next, the fact that they did not "read to you your rights" is something else that won't help you at all. Because those "Miranda" rights only protect you against having any statement you made used against you in court. Since here the evidence the cops needed was brought to them by your mom nobody bothers about your statements. They are not important to convict you.