if you get pulled over and handcuffed by the CHP do they still have to tell you your rights?

Question

i wanted to know if you get pulled over by the CHP do they have to tell you your rights like the police or is it different??And what happens when the CHP tells a lie to your parent and you dont find out till the next day(from ur parents)??for example when the CHP called my parent he told him he found stuff in my pocket but the CHP hadnt even searched me or anything.He only searched the car and didnt find anything at all..Are they allowwed to do that?Pls jus need some help on this.kinda confused..

Answer 1

Lets look at the handcuffing as intent to detain. That is not the same as being arrested, so no you need not have been read your rights. Only an official report can be challenged in terms of what was said to your parents. At this point, it is hear say on your part or at best what your parents understood to have been said to them. Yes, they are allowed to do that.

Answer 2

If it is a truly CHP officer in a truly CHP vehicle with truly lighting, cross wherein ever he directs you to move. He has EVERY proper to do that. The case you acknowledged is to this point eliminated from truth, and worried taking the ladies to off avenue places. By some distance, the main intent for officer deaths is past due night time injuries at the highway. He's doing this on your safeguard and his. If going to manage a subject sobriety determine, it is some distance bigger OFF the highway. Think approximately it. If he pulls you over at the shoulder, then suspects alcohol, he need to participate in the scan at the highway...he can not placed you again within the vehicle to force off the highway. That could ,make him dependable for any coincidence you precipitated. His target was once to get you off the highway earlier than he suspected alcohol. It's protecting.

Answer 3

They're only required to read you your rights if you're under arrest *and* if they're going to question you.



So, if someone's already blabbing their head off anyway (like about 80% of people do even after being read their rights), the police often won't bother -- it would just put the person on the defensive. They'll just be very careful not to ask any questions; they can make all the passing comments and statements they want. "Where did you get the marijuana?" is a question; "I need to know where you got the marijuana" is a statement.



Also, they can sometimes goad a person into talking without asking questions; e.g., two officers might "accidentally" have a conversation which the arrested person overhears about all the rough characters in the cellblocks, etc.

Answer 4

Miranda rights are only required when both of the following exist:

1. You are under arrest and not free to leave, and

2. You are being questioned about the crime you are under arrest for.



A traffic stop is a temporary detention, and does not become an arrest until you are charged with a crime. Handcuffs do not automatically mean you are arrested, they could be used during a detention.



As far as lying to the parents, that is hard to say. What "stuff" did he claim to find? Are you sure the officer said that, or could that be a test by your parents? Perhaps they misunderstood what the officers said.

Answer 5

Your rights are not read to you unless your are going to be questioned.



You can be detained without being questioned.



Yes, it has been upheld by the Supreme Court that law enforcement can lie to obtain information if they can prove that the lie would reasonably be expected to reveal fact.

Answer 6

You need to stay out of trouble!