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Do CHP (California Highway Patrol) Officers need to read you your Miranda Rights?

As the question asks, do CHP Officers have to read your miranda rights when arresting you?

7 Answers

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  • 9 years ago
    Favorite Answer

    It is not a requirement that an officer read you your rights when you are arrested unless the officer is going to ask you question about the alleged crime after you are in custody. Even if the officer fails to do so the only thing that will happen is the answers you provided can be excluded as evidence in court. This does not include identifying information.

  • Anonymous
    5 years ago

    California Miranda Rights

  • 9 years ago

    Miranda rights need only be read to you if...

    a) you are under arrest or detained

    AND

    b) the officer intends to question you regarding the alleged crime.

    So the answer is no, not like on television, they do not need to read you your rights when arresting you. If they have all the evidence they need, they need not read them to you at all.

  • 9 years ago

    Before asking you questions if you are in custody (not free to leave), they must read you your rights. If it is made clear that you can leave any time you want, then there is no such requirement.

    If you are not properly read your rights, the result is NOT a dismissal of your case - it is only means that the statements cannot be used against you. though if they have other evidence of the crime, you can still be charged.

  • 9 years ago

    No officer "needs to" read you your rights when you are arrested.

    The only result of their not being read to you would be that anything you said could not be used against you in court.

  • 9 years ago

    NO ONE has to read you your rights when arresting you. Reading your rights is ONLY required before QUESTIONING you about a crime in which you are a suspect. Even then, the most tat happens if they don't read your rights is that they can't use any ANSWERS you give against you in court. They CAN use any statements you make WITHOUT being questioned against you.

    tonalc2 is not entirely correct. ONLY answers to questions are excluded if you are not read your rights. 'Spontaneous declarations' are still admissible.

  • 9 years ago

    yes. duh, they are officers. all law enforcement officers must Mirandize you when arresting you. if they don't you can use that as a defence in court.

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