The underlying question is did she have a reasonable expectation of privacy? Also what immediate suspicion did the law enforcement officer have? If it wasn't in plain view that then becomes a major question.
and if a search was done, was it with consent or was it a subsequent investigation to a legal pat down for weapons during questioning or as part of a property inventory as part of a detainment or arrest (for say prostitution). Or was the illegal substance in plain view? Since the laws & ordinances are specific to the arresting jurisdiction, you really need legal representation for that jurisdiction. You really want to minimize the damage from this. H
Get your lawyer to find out if the arrest is on video. A lot of police have car cams that record everything. Its called due process for a reason as police cant skip steps. Miranda covers alot of rights other than the right to not incriminate yourself. murderers and mobsters have gone free when not read their rights.
I came back in to west palm beach riviera from the bahamas on a 2night 3 day cruise. Prior to the arrest, back on the island, I rented a scooter. $350 deposit. In port lucaya she asked to try the scooter in the parking lot. I let her try it. No more than 100ft away, she was hit by a car and wrecked the scooter. 2 stitches on her shin and 2 on her front thigh above her knee. She lost a toe nail as well. Coming through customs, the canine was alerted to my bag. I was detained shortly after they began searching my bag. they searched me (including pulling my thong out of ass checks and a reach around, no dinner or donation). I was taken to the "gun club" aka county. My bags were held at customs (they kept 3 dvd's that have me on the cover, had to be viewed to be sure they werent in violation, WTF!) and at times unsupervised. AT NO TIME WAS I MIRANDIZED!!! oh, i'm being blackmailed to top things off. I did a search, 2 sites publish the public information. One site, $99, should be deleted soon, and the other, $69. Included the mugshot, to show how pissed off i was. My friend of 12 yrs left me in custody and went back to chicago. No one knew i was in jail except her and she fucking left me holding my fucking dick in jail! We are no longer friends.
If you were not in possession, you'd have been searched & on your way, false positive. I know it's no help but bigger fish than you have been caught up in security checkpoints by DHS. I'm not sure what wrecking the scooter has to do with this unless you were on pain meds... and if so, were they legally prescribed & labeled. I travel with prescription meds (a freaking drug store) all the time & am careful to keep them in original containers. The trained dog alerted. That's enough probable cause for a full search without consent or a warrant. This is one of our rights that has gone Bye Bye! since 9-11. If they found illegal substances, that is all the evidence they need. They don't need your statements, so Miranda is a moot point. I get it, that you are feeling betrayed by your former friend. I'm sorry about this. All I can say is live & learn. There are very many who would turn their back on someone in a time of crisis to save themselves. What you need to do is get representation & try to minimize the damages done.
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