Q: House raided warrent provided after wards no rights being read if stuff takin out of house is that still good evidence
A: This is a two part question; 1. Do the police need to present the warrant prior to entering the property ? and 2. Does lack of Miranda warning invalidate evidence? 1. The police do not have to present the warrant prior to entering the house. However, the warrant does need to be issued by the judge prior to the search. If not, the evidence collected can be suppressed. There are several exceptions where a warrant is not needed to search a home, but, your fact pattern says one was issued. 2. The lack of a Miranda warning does not make physical evidence inadmissible, Miranda only applies to verbal statements (and the fruit of the poisonous tree). If you have not been read your Miranda warning, it is the burden of the police to show that any statements made afterwords were not coerced. If you were read Miranda, it is your burden to prove police coercion.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.