I get questions all the time about people getting arrested and getting read their rights. For example, I was caught smoking marijuana and I got locked up. I never got read my rights. Can I get my case thrown out because of this?
You only have a right to have your miranda warnings if the police are questioning you once you are no longer free to leave. If the police observe you smoking marijuana, then they don’t need to ask you any questions, so they need not read you your rights. Therefore, the answer is no, you cannot get your case thrown out for this reason. Good Luck.