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A female is arrested by a male officer for active warrant. Officer returned to his unit and smelled strong odor of marijuana in his vehicle after having placed female in the car. Officer also finds a zippered pouch on his floorboard that female dumped. Female is in custody. Due to the smell, he asked about her carrying contraband on her person and explains that carrying drugs into the jail could result in another charge. He explains that she will be searched at the jail. Female denies hiding anything, then admitted to hiding drugs on her person. When being asked about concealing contraband, Miranda was not read. Female was also arrested for possession and tampering.

Short question: is there a Miranda issue?
 
Posts: 17 | Location: Plains, TX | Registered: August 14, 2013Reply With QuoteReport This Post
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Sorry to leave you hanging out in the interwebs like this! Should have responded sooner.

I can't imagine a real problem here. This doesn't sound like much more than asking consent to search, which isn't implicated by Miranda (Mosley v. State, 643 S.W.2d 212, 1982 Tex. App. LEXIS 5380 (Tex. App. Fort Worth 1982)).
 
Posts: 198 | Location: San Marcos, Tx | Registered: June 12, 2012Reply With QuoteReport This Post
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