Legal Question in Criminal Law in California
On nov 30 police raided my cousins house my cousin an i was arrested for possession of a controled substance an under the influnce but when the police never showed a search warrant until the following day when she was released the search warrant was in her property an we were not read our rights until we were being taken to the county jail is any of that legal
1 Answer from Attorneys
There is no requirement that your cousin receive a copy of the search warrant The police are supposed to leave a copy of the inventory of items seized at the residence. The Miranda rights do not have to be read. The failure to read the Miranda rights when you were arrested may result in the inability of the DA to use statements made after you were arrested but prior to the reading of the Miranda rights inadmissible against either of you made at trial.
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