Asked 4/14/2016 – Dallas, TX

I was pulled over for no insurance and asked to get out of the car so officer could write me a ticket. Cop and his partner asked me several questions unrelated to the traffic violation. I answered each question asked. Cop A eventually asks if he can search my car. I decline. Cop B enters his head through my driver side window and finds an opened can of beer in my back seat cup holder. Cop B Informs Cop A about this. Cop A uses this to search my vehicle. Cop B places me in cuffs when Cop A exits with can of beer. I tell Cop A that the beer was left there by a friend. Both cops then start asking me about what they will find in car. I’m silent. Cops continue to search the car and exit with a pipe, another open beer can, and a baggie with a small amount of weed. Cop A asks me who the pipe belonged to. I say my friend. He then asks who the beer can belonged to. I say my friend. When he picks up the baggie of weed, he asks “what’s in here?” I say it’s weed and that it was mine. He then has Cop B read me my Miranda rights. After cop B finishes, Cop A then asks me all the questions he had just asked before. I answer each one the same way. I didn’t want to look like I wasn’t cooperating.

Answer

Basic Miranda Rules: If you are in custodial detention, law enforcement must inform you of your right not to answer questions and your right to counsel. If you are not informed of these rights, any statement you make during the detention cannot be used as evidence against you at trial. You can waive your right to remain silent, which it appears you did but it is possible that your statement can be excluded due to the totality of the circumstances. Contact a local attorney to investigate further.