Page 182 - Critical Tasks in Law Enforcement 2020-2021 Sessioin
P. 182

Task: Miranda and Reasonable Suspicion Based Stops






          Berkemer v. McCarty, 468 U.S. 420 (1984).

               A police officer is not required to give Miranda warnings for


               questioning that takes place during a traffic stop or questioning that
               takes place during a reasonable suspicion based stop justified by


               Terry v. Ohio, 392 U.S. 1 (1968).





          • These type of stops are presumptively brief

          • These type of stops occur in public


          • These type of stops do not involve the police dominated atmosphere

               that Miranda is intended to overcome













                                     ©2021 Jack Ryan  Legal & Liability Risk Management Institute                                   181
   177   178   179   180   181   182   183   184   185   186   187