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Arrested for a Drug-Related Crime?: Know Your Miranda Rights

combschris1 · February 15, 2020 ·

Introduction

If you have been arrested for a drug-related crime, or think it is a possibility in the future, it’s vital you know your Miranda Rights. Of course, having a good understanding of your Miranda Rights is a good idea for anyone living or traveling in the US, so you know exactly what to do if things go awry. 

What are Miranda Rights? 

The Miranda Rights protect you from being forced to talk to the police when it may be detrimental for you to do so, such as when you’re arrested for a crime. They were introduced to stop law enforcement forcing people to confess to crimes before they’ve exercised their right to legal counsel. 

The Miranda Rights came into effect after a case in 1963 when a man called Ernesto Miranda was brought in to participate in a police lineup for rape charges. The victim identified Miranda as the perpetrator, so he was arrested and questioned without being read his Fifth Amendment right about self-incrimination, or his right to legal counsel (Sixth Amendment right). 

Miranda confessed in writing and he was later sentenced to 20 to 30 years in prison for the crime. Later, although that confession said he was aware of his self-incrimination rights, he was able to appeal his case based on the fact he’d not been read his rights. After a lengthy appeal case, the Supreme Court ruled in Miranda’s favor, though the State of Arizona retried him without the confession and he was again convicted and sentenced.  

Now, all police officers must read a suspect their Miranda rights before they’re taken into custody, which is the refrain “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you.” 

What are My Fifth and Sixth Amendment Rights?

The Fifth Amendment right states that no one “shall be compelled in any criminal case to be a witness against himself”, which means you cannot be forced to give incriminating evidence. 

The Sixth Amendment right states “in all criminal prosecutions, the accused shall enjoy the right … to have the assistance of counsel for his defense”, so you have the right to a self-appointed or state-appointed criminal defense lawyer. 

Miranda Rights FAQ 

When Do Miranda Rights Have to be Given?

Miranda Rights must be read to a suspect before they are taken into custody. If they are not read, anything you say cannot be used against you in court. 

Can I Invoke My Miranda Rights Without Being Read Them?

Yes, if you find yourself in a situation where you believe invoking your rights, you can say “I invoke my right to remain silent and I wish to speak with my/an attorney.” 

Can I Invoke My Miranda Rights Even if I’m Just Being Questioned?

Yes, you can decide to stop speaking with police and contact your attorney if you’re being questioned about a possible crime. Law enforcement has to respect this right, and if they truly believe you are guilty of a crime and can take action against you, they will have to charge you, read you your rights, and take you into custody.  

Can a Criminal Case Be Dropped if the Miranda Rights are Not Read?

Yes, as the Miranda rights are designed to protect suspects from being unlawfully questioned and forced to confess to crimes, regardless of whether or not they were actually responsible for them, and to force law enforcement officials to collect the right evidence to put together a sound court case. If this is not done properly, any evidence collected may be inadmissible in court and thus the case may be dropped. 

Why Should I Exercise My Right to Remain Silent?

Many people don’t realize just how powerful the right to remain silent is, and it’s vital that you invoke the right to remain silent whether or not you believe you are innocent or guilty of what you are being accused of. As soon as you have been read your Miranda Rights, you should only speak if it’s absolutely necessary, and not to talk about your case other than to ask for your attorney. 

The less you say, the less evidence law enforcement will have against you and the easier your defense will find it to fight the charges. Remember that even things you say that you feel are unrelated may be taken out of context and used against you, so don’t say anything until you have spoken to your defense. 

Should I Get My Own Legal Counsel or Use a State-Appointed Attorney? 

Whenever possible, have your own legal counsel. While a state-appointed attorney will do their best to defend you, they won’t be able to offer you the same level of attention and aggression you need from your criminal defense attorney to fight the charges properly. 

What Should I Do if I’m Arrested for a Drug-Related Crime in Missouri?

If you’re arrested for a drug-related crime immediately stop talking and go calmly. Any arguing or resistance you put up will be noted and will not help your case, even if you feel your rights are being violated. 

In an ideal situation, you will have memorized the phone number of your criminal defense attorney, or one you would be happy to have defended you, and those of any close friends or family members who would be willing to help you. At worst, know which criminal defense attorney you wish your family member or friend to contact. 

Don’t talk to the police, make any decisions, or sign anything before a lawyer is present and has advised you clearly on your next steps. This will give them the best chance of getting your case dismissed or the charges minimalized as much as possible. 

Regardless of what drug charges you may be facing it’s important you know what your Miranda Rights are and understand how to best use them. If you find yourself in a position where it’s necessary to use your Miranda Rights in the St. Louis metro area, we’re here to come to your aid and fiercely defend you. Contact today for a free consultation or to get us working on your drug charges as soon as possible. 

K-9 Units and Drug Charges: What You Need to Know

combschris1 · January 20, 2020 ·

Introduction: I love dogs but do I love dogs who are cops?

We at the Combs Law Group love furry little friends more than the next person. However, when your furry little friend is suddenly being used to search your house or your vehicle for evidence that could put you away in prison for years your love might start to dwindle. The fact is that K-9 units are being used for drug detection more than ever before, and you’ll see them more often than the airport or for large-scale drug busts. Nowadays, K-9 units are an integral part of police work and so you need to be aware of what these K-9 drug detection units can do and what happens if you are searched by one. 

K-9 Units in Missouri 

The first K-9 program in Missouri started in 1988 by the Missouri State Highway Patrol with just four K-9 units. Today, there are ten K-9 teams in the Highway State Patrol. 

Dogs are chosen to be trained for police dog purposes when they show an aptitude for scents, being inquisitive and attentive. Most dogs undergo training for several different skillsets (such as drug and explosive detection), though some specialize in one area. For example, German Shepard dogs may train for multiple skills, while bloodhounds will only be trained for tracking purposes as their breed excels in that area but aren’t as good as more athletic breeds for crowd control and other skillsets. 

Both handler and dog need to undergo specialized training in order to be a part of a K-9 drug detection unit, and dogs can be trained to find specific drugs such as marijuana, cocaine, methamphetamine, and heroin.  

K-9 units are a vital member of the law enforcement team when it comes to drug detection, evidence searches, tracking of criminals and missing people, crowd control, explosive detection, and officer protection. 

What K-9 Units Can Do

K-9 units are often deployed in situations where large volumes of drugs are being trafficked, where someone may hide an explosive device, to search for missing people or offenders who have fled the scene, and as a psychological deterrent in crowd situations. K-9 units may be deployed to schools and mass gatherings when necessary. 

If a K-9 unit is present when you are stopped for a traffic violation they are legally allowed to walk the dog around your vehicle and if the dog gives a signal that drugs are present. If this is the case, the officers have probable cause to search your vehicle without your permission, and you can be legally charged for possessing the drugs inside your vehicle. 

Can police officers make you wait for a K-9 unit to arrive if you are stopped? 

No, the US Supreme Court ruled in 2015 that it was unlawful to hold suspects during a traffic stop. The police can only hold you without charge for a short time, and going even a few minutes over a reasonable timeframe violates your Constitutional rights. 

What should I do if they force me to submit to a K-9 search? 

If they do try to force you to wait for a K-9 unit to search your vehicle ensure you follow all normal requests such as showing them your license and registration. A police officer may only detain for as long as it takes to address the reason for stopping you, so answer his questions if they are reasonable and you want to be cooperative, but remember your Miranda rights (the right to remain silent). They should issue you a warning or citation for your fault, and then you should be free to leave. Ask them if you are free to do so. 

If they have reason to suspect you may have something unlawful in the vehicle they don’t need your permission, provided there is probable cause to do so. They cannot freely search your vehicle without this or your permission. The same goes if they have a K-9 unit with them. If they don’t have probable cause you should be free to leave and if they detain you after that it is unlawful. 

Unfortunately, if your rights are being violated there isn’t much you can do in the moment, so don’t be aggressive or try to leave. If they have violated your constitutional rights your criminal defense lawyer will have solid grounds to ask for your case to be dismissed, regardless of what substances were found in your vehicle. 

See the event through and contact a criminal defense lawyer as soon as possible. 

What do K-9 units primarily do in Missouri?

K-9 units primarily work on drug detection on our highways. 

K-9 Terminology 

K-9 units have their own terminology you can listen out for. 

The “handler” is the officer in the unit who has undergone training to work with the dog and interpret their signals. 

“Alert” means the dog has given a signal to their handler that they think drugs are present. 

“Hit” means they have found drugs. 

“Miss” or “False Alert” are terms used following an alert if the officer believes that no drugs are present at this time. 

K-9 Drug Searches Off the Highway 

K-9 drug searches don’t only occur on our highways, there are several other places a K-9 unit may be brought in to search for the presence of drugs. These are places like the airport, homes, business premises. 

Can K-9 units legally search me in an airport?

Yes and no. After the case the United States vs Place, in which a man aroused suspicion and had his bags taken and sniffed by a drug detection dog, the laws changed. Place’s suitcases were detained from the Friday, when the dog aroused suspicion, until the following Monday when a warrant was obtained. They found over a kilogram of cocaine inside. 

Place’s defense tried to argue that his luggage was unlawfully searched, but the district court believed the officers had probable cause to do so. 

K-9 units may sniff-search your luggage in an airport, as this does not involve searching your luggage and does not count as a “search” under the Fourth Amendment. 

Can a K-9 unit approach my property without my permission? 

No, an officer needs probable cause to bring a drug detection dog onto your porch and near your front door. You have a right to privacy in your own home, so police need probable cause to search your home or you need to give them consent to do so. If a K-9 unit comes onto your porch or to your front door without your consent they have violated your rights. 

What happens if a K-9 unit detects drugs in my possession elsewhere? 

If you come into contact with a K-9 unit and they detect dogs on you in circumstances other than those mentioned, contact an experienced criminal defense attorney who can assess the situation and act accordingly. 

Can K-9 searches be conducted in schools?

This is a murky area, but yes, they are legally allowed to use K-9 units during unannounced, random searches. This is because school children cannot retain a reasonable expectation of privacy in schools. However, the legalities of this in court are a little less clear cut, so if your son or daughter is caught in possession during an unannounced search it’s important you get an accomplished criminal defense lawyer to defend your child. 

Can K-9 units search a business without permission?

No, the same Fourth Amendment rights apply to all public and private buildings, other than schools and airports. They need to have probable cause or a warrant in order to search. 

Are K-9 Drug Charges Misdemeanours or Felonies? 

K-9 drug charges aren’t any different than normal drug charges, so unless you are found to be in possession of a small amount of Marijuana (less than 10 grams) which is a misdemeanor, your charge will be a felony. See our article on Missouri Drug Possession Laws for more information. 

Felony charges are extremely serious and come with hefty penalties (prison time and large fines), so it’s important to seek out an experienced criminal defense lawyer 

Can Drug Detection Dogs Tell The Difference Between Hemp and Marijuana?

No, they can’t, and often the officers with them can’t tell either. In January 2019, a truck was stopped in Idaho with 7,000lbs of hemp, which the officers and K-9 unit determined to be marijuana, despite the driver telling them otherwise. 

A few weeks later the substance was indeed found to be hemp and the charges were dropped, but the company who owned the hemp decided to sue. 

What should I do if I’m stopped with hemp? 

If you are stopped for a traffic violation you don’t need to tell the officer you have hemp in your possession, since it is a legal substance. If things escalate to a point where a K-9 unit has alerted the officers to the presence of hemp, calmly tell the officers that’s what it is. There’s a chance they will still arrest you, so stay calm – you are in the right. Follow their instructions and contact a criminal defense lawyer to defend you, should you need to. 

If you have hemp that is already infused with another product you shouldn’t have a problem, but if a K-9 search alerts on the product remain calm and state that it contains hemp. Follow their instructions and contact a criminal defense lawyer, should you need to. 

In both circumstances, however, once the substance has been tested in the lab the charges will be dropped. You may want to talk to a lawyer along the way, especially if the charges have caused damage to your life or business. 

What Should I Do If I’m Stopped and Have Drugs in My Vehicle?

If you see flashing lights in your rearview mirror and knowingly have drugs in your possession, pull over when it is safe to do so. Comply with the officer’s requests to see your license and registration, and provided you have no outstanding charges or warrants, they should only issue you a ticket for your traffic violation. 

The officer may try to trick you into admitting you have drugs in your vehicle by telling you a K-9 unit is on the way. Do not do so. As discussed above, it is unlawful for them to detain you for this purpose. You also do not need to let them search your vehicle unless they have probable cause to do so. 

If they have no reason to suspect you have drugs in your possession, you should be able to take your ticket politely and drive away. 

If this is not the case and you are arrested read on to the next section. 

What Should I Do If I’m Charged for Drugs a K-9 Unit Found? 

K-9 drug charges can be a challenge to defend, so ensure you seek out the very best criminal defense lawyer you can who can act quickly to put together your defense to get your charges reduced or dismissed, where possible. 

Often in K-9 drug stop-and-search charges, your lawyer will try to dispute whether or not the officers involved in your case violated your Fourth Amendment rights. Provided you at no time admitted to having drugs in your possession, they may be able to do so. 

If you do decide to admit to having drugs in your possession, as may be wise if you have less than 10 grams of marijuana in your possession that you believe they will find in their search, your lawyer will use this honesty to try and get your charges reduced significantly. 

An experienced criminal lawyer will have a good chance of reducing your charges provided you did not resist arrest at any time. 

If you are found to be in possession of illegal substances by a K-9 unit, you need to get an experienced criminal defense lawyer on your side as soon as possible. Drug possession charges can be extremely serious in St. Louis, Missouri, so you need to do all you can to get the charges minimized. 

We have extensive experience in drug possession charges and a long list of satisfied past clients who have avoided a felony conviction or had their charges reduced significantly. If you need our help, we’re here for you. We offer free consultations and around-the-clock support for our clients. Click here to contact us today.

Missouri: Know Your Legal Rights When it Comes to Law Enforcement 


combschris1 · July 10, 2019 ·

Highlights

A run-in with the law is something we all want to avoid, but unfortunately, it does happen. If you have been arrested by the police, or believe you may be in the future, it is important you understand your rights under Missouri federal and state law. This article will help you fully understand your rights, and what you should do to exercise those rights should you need to. 

Sections

  • All About the Right to Remain Silent 
  • Your Fifth and Sixth Amendment Rights 
  • What Should I Do if I’m Stopped for Questioning? 
  • What Are My Rights if I’m Stopped in My Vehicle? 
  • I Think I’m Going to Be Arrested, What Should I Do? 
  • What Should I Do if I’m Arrested? 
  • What if Officers, Immigration or FBI Agents Come to My Home? 
  • I Believe My Rights Were Violated, What Should I Do?

About the Right to Remain Silent: the Miranda Rights 

The right to remain silent (Miranda rights) was introduced to stop law enforcement from forcing confessions out of people. Ernesto Miranda was a poor man living in Phoenix (AZ) in 1963 who was brought in to take part in a police lineup. A woman who had been kidnapped and raped identified Miranda as the man she believed perpetrated the crime. 

He was immediately arrested and questioned for two hours, without informing him of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to the assistance of a criminal defense attorney.

Miranda confessed in writing to the crimes, and his statement said that he was aware of his right against self-incrimination. When the case went to trial, the prosecution used his confession to obtain a conviction, and he was sentenced to 20 to 30 years in prison on each count. 

Later, Miranda appealed his case to the Arizona Supreme Court, and his criminal defense attorney argued that his confession should have been excluded because he had not been informed of his rights, and no attorney had been present during his interrogation. The officers involved admitted they had not explained his rights to him. The state argued that because Miranda had been convicted of a crime in the past he already knew his rights, and Arizona Supreme Court upheld the conviction. 

A few years later, Miranda’s case was heard at the Supreme Court of the United States, along with three other similar cases. The court ruled in Miranda’s favor, however, the State of Arizona retried Miranda without his confession, and he was convicted and sentenced to 20 to 30 years in prison.

Because of this case, all law enforcement officers are required to read the rights below to criminal suspects when they are taken into custody: 

  1. You have the right to remain silent. 
  2. Anything you say can and will be used against you in a court of law. 
  3. You have the right to an attorney. 
  4. If you cannot afford an attorney, one will be appointed for you. 

If your Miranda rights are not read to you, any statements you make can not be used as evidence against you. 

To invoke your Miranda rights, simply tell them: “I invoke my right to remain silent and I wish to speak with my attorney.” Don’t speak again until your criminal defense lawyer arrives. 

Your Fifth and Sixth Amendment Rights

The Fifth Amendment states that no person “shall be compelled in any criminal case to be a witness against himself”. 

The Sixth Amendment states that “in all criminal prosecutions, the accused shall enjoy the right … to have the assistance of counsel for his defense”. 

What Should I Do if I’m Stopped for Questioning in Missouri?

If you are stopped for questioning, stay calm, keep your hands where the officer can see them, and don’t resist or run, even if you believe your rights are being violated. If you don’t want to answer their questions, ask them if you are free to leave, and if they say yes, calmly walk away without saying anything that may provoke the officers. If they say no and you are under arrest, ask them why, and then follow the protocol listed under “What should I do if I’m arrested?” further down this page. 

You are always allowed to exercise your right to remain silent, even if they are only questioning you, and they cannot punish you for staying silent. If you want to use your right to remain silent, tell them calmly that you are doing so. If they ask you to identify yourself, do so, as local law may require you to do this. 

What Are My Rights if I’m Stopped in My Vehicle in Missouri?

If you are flagged down by a patrol car, drive until you find the first available safe place to do so and turn off your engine. Next, turn on your internal cab lights, roll the window down a little and place both hands on the wheel where the officer will be able to see them. When asked to do so, show them your driver’s license, registration, and proof of insurance. If they ask to look around your vehicle, you can refuse to give consent. If they believe your vehicle may contain evidence, however, they can search your car without your consent. Both you and any passengers have the right to remain silent, and if you are a passenger, you can ask if you are free to leave. If they say yes, either wait calmly or get out and walk away. 

I Think I’m Going to Be Arrested, What Should I Do?

If you believe you are going to be arrested by the police, the first thing you should do is continue to read this article through to the end and absorb all the information you need to know. Then, prepare yourself and your family or friends on what to do, should you be arrested. 

Make sure you memorize the phone numbers of your criminal defense lawyer (or one who may defend you) and those of your family who can help you while you are in jail. If you are the sole guardian of any children or require daily medicine (for example, insulin), put emergency plans in place so that your children go to someone you trust, and someone you know can provide you with the medication you need. 

What Should I Do if I’m Arrested? 

If your hunch is right and the police come to arrest you, exercise your right to remain silent, and ask for a lawyer immediately. Do everything you can to go willingly, even if you believe the arrest is wrong or unfair, as this will not only help your case but protect you from harm.

If you have properly prepared, you may have a criminal defense lawyer ready to defend you, but if not, they have to supply you with one. If you can’t pay for a private lawyer, the lawyer you are provided with will be done so free of charge. Don’t say anything, sign anything, or make any decisions before your lawyer is present to advise you. 

What if Officers, Immigration or FBI Agents Come to My Home? 

If the officers don’t have a warrant allowing them into your home, you do not have to allow them access. If they say they have a warrant, ask them to hold the warrant up to a window so you can see it. 

If they have a search warrant, they are allowed to enter the address listed on the warrant, but they are only allowed to search for the items listed. 

An arrest warrant allows them to enter the home if they believe the person listed on the warrant is inside, regardless of whether it is their permanent address. 

A warrant of removal or deportation (ICE warrant) does not allow officers to enter your home without your consent. You do not have to discuss your immigration or citizenship status with them or answer any questions. However, if an immigration agent asks to see your papers, you must show them if you have them with you. 

Remember, even if they have a valid warrant, you have the right to remain silent. If you want to speak to the officers, step outside your home and close the door behind you. 

I Believe My Rights Were Violated, What Should I Do?

If you believe you were wrongly arrested, treated, or if any of your rights were violated, do as much as you can to document what occurred. If you can, include officer badge numbers, patrol car numbers, where the officers were from, and contact information and statements from witnesses. Then, file a written complaint with the agency’s internal affairs or civilian complaint board. If you wish to do so, you can do this anonymously. 

As you can see, it’s vital you understand the power of your Miranda rights and invoke them whenever you feel it is necessary to do so. Never make a statement to a police officer prosecuting you without a criminal defense attorney present. If you believe you are at risk of being arrested in the St. Louis Metro area, speak to us today for a free consultation, and we will be there to support you 24 hours a day if the worst should happen.  

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