Page 174 - Original 2020 Legal Guide By Jack Ryan

Task: Miranda and Field Sobriety Tests

Pennsylvania v. Bruder, 488 U.S. 9 (1988).

A suspect is not “in-custody” for purposes of Miranda warnings, when

police are administering a field sobriety test.

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

Where suspect has not been informed that they are under arrest and

are merely subject to a traffic stop, statements admitting to

intoxication are admissible at trial, notwithstanding the lack of

Miranda warnings and the officer’s unspoken intent to arrest the

subject for DUI.

©2020 Jack Ryan Legal & Liability Risk Management Institute 173