Quote:

You are neither in custody nor detained in a traffic stop. Remember most traffic stops are infractions NOT misdemeanors or felony unless subsequent evidence if found.

When someone is technically "in custody", your Miranda rights have to be read to you. Or on the contrary, you can be detained for questioning.




I suggest you spend ten minutes and look this up since the Federal courts seem to be in agreement with a contrary position. Here goes (from a website linking to the ACLU, LULAC, and the NAACP about your rights/repsponsibilities if the cops are fucking with you):
1) If you are lawfully stopped by a cop for any reason, you are detained. As long as you are not free to walk away, you are in his custody. The courts have allowed various forms of conduct from both parties depending on the circumstances but in none of the cases did a lawful hummer arise that I've read.

2) While in his custody, certain conducts are prohibited in many, if not most, states by either party. The detainee cannot refuse to allow a search for weapons and the officer cannot require you to answer most questions. A case in Utah held that name/birthdate, and address were questions you could not refuse to answer. A growing trend is that states are passing laws that say a cop can't have consensual sex with you while you are under his "care control and custody".

3) A Miranda warning does NOT have to be read to you unless the cop is taking a statement to use against you. Lack of such a warning does not invalidate the arrest if the cop found your stash on the front seat in plain view when he pulled you over for speeding. If stopped, do yourself a favor and STFU.

Okay, it went on for awhile but the lawyers can fine tune what was said for those lacking the basic understanding of common law.
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"I'm rich. I'm a strong, trained fighter. I own a gun. And I am completely...fucking ... psychotic." Kurt Lockwood ranting yet again