Tag Archives: police investigation

The police didn’t read me my rights! Now what? Miranda and the law

What happens if the police didn’t read you your rights?  Can your entire case be thrown out or dismissed?   Please click to play audio (approximately 4 minutes):     Transcript of audio:   Hi – it’s Orange County defense attorney Joe Dane.   Today, I’m going to talk about one of the most frequent […]

Bringing drugs into the jail (Penal Code 4573)

Simple possession + being arrested = Felony drug charges?!?   After the passage of Proposition 47 in November, 2014, simple possession of drugs for personal use is now a misdemeanor charge. But there’s a way for those drugs for personal use can still be charged against you as a felony.  Penal Code section 4573, smuggling […]

If you consent to a police search, can you limit where they can search? Orange County criminal defense attorney

If the police ask if they can search, can you put limits on where or how they can search?   The answer is yes… and no. If the police search is based on consent, the person giving consent can set limits as to the scope of the search. For example, you could give consent for […]

All about search warrants – Orange County criminal defense attorney

What is a search warrant? A search warrant is an order in writing, commanding a peace officer to search a particular person or place for specific listed items and return them to court.  Right off the bat, note that a warrant only allows the police to search.  A citizen cannot obtain a search warrant.  Although […]

Miranda rights and questioning: when it applies – part 2 of a series

In part one, I discussed what the law of the 1966 Miranda decision requires when a person is being questioned by police.  In this part, I’ll explain when the police are even required to read your rights. First – Custody The whole decision of the Miranda case dealt with custodial interrogation.  That means that the police are […]