Pleading the Fifth, Miranda, and Vehicle Searches: Know Your Rights in Texas

Tune in as BRCK Criminal Defense attorneys break down critical constitutional rights in the context of Texas arrests. This episode demystifies common legal phrases like "pleading the fifth" (Fifth Amendment self-incrimination) and the Miranda Rule (custody and interrogation). The hosts also cover Fourth Amendment protections against unlawful search and seizure in vehicles, discussing the automobile exception, probable cause (like the smell of marijuana), and inventory searches. Get essential advice on handling traffic stops, Field Sobriety Tests, and DWI blood/breath requests, especially before the holidays. 00:00 Introduction: "So You Got Arrested" podcast, Texas justice system, and understanding your rights. 00:27 Pleading the Fifth: Explaining the right against self-incrimination from the Fifth Amendment. 01:22 Pleading the Fifth for Witnesses: The critical difference: witnesses who are not suspects do not have a Fifth Amendment right. 02:12 Fourth and Fifth Amendments: Overview of the right against unlawful search/seizure and self-incrimination. 02:43 Federal vs. State Constitutional Rights: Discussing how the Texas Constitution provides equal or greater rights. 03:37 Miranda Rights: Debunking the myth that a case is thrown out if rights aren't read; the requirements of Custody and Interrogation. 04:32 Volunteered Statements (Res Gestae): Why statements not in response to questioning (e.g., in a police car) are admissible. 05:58 The Jinx/Robert Durst Example: Confessing while talking to himself on a hot mic during an interview (not custody/interrogation). 07:25 Vehicle Stops and the Fourth Amendment: Discussing the lower expectation of privacy in an automobile vs. a home. 08:23 Automobile Exception: Why police generally don't need a warrant to search a vehicle (mobility). 09:52 Probable Cause - Smell of Marijuana: Why the smell of marijuana alone gives officers probable cause to search. 11:43 Searching Without Probable Cause or Consent: Discussing the use of a K-9 unit (drug dog). 12:41 Arrestable Offenses in Texas: Most offenses are technically arrestable, except speeding and open container. 13:28 Inventory Search Exception: How police can search a vehicle after towing it, and the requirement for a specific department policy. 17:24 Arizona v. Gant: The Supreme Court decision that cut back on the "search incident to arrest" doctrine for vehicles. 21:14 Pretext Stops: Why the officer's true motive for a stop doesn't matter as long as a legitimate violation occurred (e.g., expired registration). 23:39 Holiday Safety and DWI Advice: What to do when pulled over for a potential DWI. 24:57 Field Sobriety Tests: Advice on refusing or performing the tests and the Catch-22. 25:57 Breath/Blood Tests: Discussion of Intoxilyzers, blood draws, and the varying policies across counties. 28:35 Final Holiday Warning & Contact Information

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