People throughout New Jersey are aware that if individuals are stopped by the police, they must first be advised of their Miranda rights before any interrogation begins. It is not typical, though, for a person to know the full extent of the Miranda warning or to know if a less then complete warning has been administered. Regardless of an individual’s independent knowledge of their rights, if an investigating officer fails to provide a proper warning to a defendant, it may result in the dismissal of any conviction that arises out of evidence obtained via the defendant’s interrogation, as shown in a recent New Jersey case. If you are accused of a crime, it is advisable to meet with an accomplished New Jersey criminal defense attorney to examine your rights.
Facts of the Case
It is reported that the police stopped a car in the early morning for a traffic violation. There were two passengers in the car, one of whom was the defendant, that the driver identified as minors. The police noticed an odor of alcohol during the stop and requested that the driver undergo field sobriety testing. The driver became belligerent and ordered the other passengers to take things from the car. When the passenger door was opened the smell of marijuana wafted out of the vehicle. The police then advised the defendant to place her belongings back in the car because, at that time, they were going to conduct a narcotics investigation. The defendant complied and was advised of her Miranda rights.
Allegedly, the officer then asked the defendant if a purse in the car belonged to her. She responded, yes. The officer did not confirm that the defendant waived her rights prior to questioning her. Narcotics were found in the purse. The defendant was then charged with possession of a controlled dangerous substance and was adjudicated delinquent. She appealed, arguing that she was not properly advised of her rights.