this post was submitted on 11 Oct 2025
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Not being read your rights is not a get out of jail free card. They only need read your Miranda rights if they question you after arrest.
Once you are in custody, the pigs can search any damned thing they please. It is presumed they had probably cause for the arrest. Therefore they have probable cause to search your shit. Been there, done that, many times.
Think on this: You're arrested wearing a backpack. You think the pigs need a warrant to search that bag?
This is a case of his lawyers stacking whatever leverage into the record they can get. Good on them! That's their job.
"Search incident to arrest" is not unlimited. It can be done, but only for certain purposes, such as obtaining weapons or preserving evidence. Did the pigs overreach here? Did they read a book that they didn't have a warrant for? Did they time the search wrong, and do it before he was arrested? Did they question him after the search, which would make least one of the two was unlawful?
We don't know, because the newspaper didn't bother to link to the court filing. So anyway, some of what you said was inaccurate, but for most of it, we just don't know what is on the record.