Q: If a roadside confession to drug possession is given without Miranda can it be admissible?
Pulled over and driver being noble admitted to drug possession of passenger but did so while detained in cuffs and no Miranda cited. Drugs were passengers and found on their floorboard side. Driver arrested, passenger let go. Passenger now willing to submit Affidavit that they were indeed his. Driver has 2 prior offense for possession. There was no knowledge passenger had them especially in the quantity he had. Is there anything that can help defendant. Can't find any cases with same circumstance so far. Any keywords suggestions or any other advice?
A: You will need a lawyer to help you. The statement may or may not be admissible in court, it is a very fact specific inquiry that depends on a bunch of different factors. Certainly a statement by the other party that the drugs were his will help but that party will have to come to court and plead guilty to it for the DA to believe them, and they are not required to believe him and can prosecute both of you.
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