There are only two relevant points in a case like the one you describe:1 - Your buddy had drug paraphernalia in his possession when the cops searched him, and 2 - The police had probable cause to search his person. (They were in the middle of a traffic stop, so they can claim pretty much anything as giving them PC) The Miranda reading is only significant when it comes to using someone's speech against them in a criminal prosecution. In this case, it doesn't matter because it doesn't matter what your friend might have said or not said... They searched him and found a pipe in his possession. He's guilty of possession of drug paraphernalia. It sucks balls, and I think it's bullshit, but that's how the law is written. Luckily for him it's a misdemeanor (at least in Texas), and he can plead for deferred adjudication and get it off his record.
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02:28:37 03/02/03
