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

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..

LaGail R

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.

trooper3316

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.

stop eating people, dammit

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.

Happy to Help

You need to stay out of trouble!

Patrick G

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.

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