Constitution Law Virginnia
On the night in question, Sally was stopped due to the appearance that she was under the influence while driving her vehicle. Her vehicle had been swerving out of her lane when the decision was made to conduct the stop. Upon approaching the vehicle, Sally appeared to be intoxicated and there was a smell of alcohol. She was asked to exit her vehicle and placed under arrest for driving under the influence. A search of her person was conducted of her person which provided a small amount of marijuana. Based on this finding a subsequent search of the vehicle occurred finding an unregistered handgun, prescription painkillers with the name of another individual, and a large sum of cash. Sally was questioned regarding these recoveries stating the prescription painkillers were for back pain and she was unaware that there was a firearm in the vehicle. She was then brought back to the station and booked for possession with the intent to sell and distribute.
At the time Sally was detained her Miranda Rights were not provided before the questioning took place. She showed no signs of distress and made no statements that insinuated her intent to sell the painkillers found in her possession. The charges levied against Sally were based on the evidence recovered from the vehicle, not solely based on the statements she made prior to the reading of her Miranda Rights
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