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Hey guys, Anthony Bandiero Here attorney, Senior Legal instructor letter roadside chat. And our question comes an officer from Texas.

Can a person in police custody provide consent to search without violating Miranda?

The answer is yes. Here's why. Miranda only applies for the three conditions. The person is in arrest like custody. One. Number two, the officer is asking questions, which is foreseeable that they would that the answers would incriminate the person? Right? To the right. And number three, we're talking to a known officer that the suspect knows he's talking to a police officer versus an undercover agent. Well, we're missing something here. If Okay, we have in custody arrest like casies Actually backup I didn't, I didn't tell you the fact pattern. So I let me let me tell you with an officer stops a suspicious male in a parking lot, who was stumbling all over the place appearing heavily intoxicated, they meet the criteria for a public intoxication arrest. So the male was placed in handcuffs. And in the patrol vehicle, I've removed from his pockets, right for his consent, so forth. You know, this is just a, again, a public intoxication almost like for, we're almost like community caretaking, we're trying to help this person, you know, not get hit by a car and so forth. The officer then asked for consent to search those items. Now. I understand. And he and the cop understands, too, that this is probably gonna be justified under a search incident to arrest. But the officer wants to go beyond this. You know, he did ask this person for consent without reading memoranda. And he's under arrest in the back of a police car. Is that consent valid? I mean, there's the fact that he does not have Miranda invalidated. And the answer is no. Because consent is not something likely to incriminate himself. You're not it's not an interrogation. Asking a person Hey, wait, can I can I search your car? Can I search your backpack, even though they're under arrest, and you have no right to search those things, is not incriminating. It's not interrogation. That's why Miranda is not required. Further, there was a US Supreme Court case on this issue. It's called us vs. Watson like 1976. Were the awkward the suspect was in the back of police car in handcuffs under arrest, that he had nothing to do with it. He was not arrested from his vehicle. He was arrested from a restaurant. And the police asked for consent to search his vehicle. And he said yes. And based off Italian circumstances the court upheld and even though no Miranda was provided. Now sometimes giving Miranda will help, you know, just kind of show that he has rights and it's less coalhurst coercive, but the point is is not required. And that and that is why all right. All right. Keep the questions coming. I love them and hopefully you're enjoying this channel too. We're getting more people you know, you know this thing is it's one of those things where you build up an audience and it starts off slow for every subscriber you work really hard for but then start exponentially starts building up people start sharing them and you hit the subscribe button guy and hit the like button. If you liked what I'm doing here. Thank you, right. I appreciate it. Alright guys, see you next time.