ps. i was questioned extensivly about 20 minutes and searched..again i must reinerate there was zero evidence just the vice cops statement
i have been trying to get a logical answer for over a year
i was never read the miranda... i was told that it did not apply to me or my case,,because i said nothing incriminating therefore they were not required to read the miranda,,,so i guess i would have been better off to say something and then use the fact that they were not read to have my case dismissed..as there was no violation & no evidence
It doesn't work that way. Cases are not automatically dismissed if there is a Miranda violation. Instead, the prosecution is not allowed to use any incriminating statements which were made after the warning should have been given, and also are not allowed to use any evidence they obtain as a result of such statement unless they can show they would have found the evidence anyway.
So, if you had made an incriminating statement without a Miranda warning it would have been excluded and the prosecution would have gone forward with whatever other evidence the state had -- which is the same evidence they actually used against you. The result would have been the same.
I also want to point out that Miranda warnings don't have to be given until the suspect is in custody, which basically means when a reasonable person in the same situation would realize she was not free to leave. Most police questioning is quick and routine and thus never amounts to custody. If you make an incriminating statement before the police have reason to give you a Miranda warning, then there is no violation and the prosecution can use it against you. If you had chosen to say something but had said it too early, this might have been the result and you could have been much worse off.
ps. i was questioned extensivly about 20 minutes and searched..again i must reinerate there was zero evidence just the vice cops statement
I'll bet you that's not what the police report says. I'll bet they'll have a reason to search you OR they won't say anything about a search.
they did not mention that there was a search but they found nothing,,they were pissed
Not getting your Miranda warning does not dismiss the case against you. It only will serve to exclude any evidence against you that was produced in violating the warning requirement. SO if you did't say anything after not being given the warning, there is nothing to toss out.