Page 179 - Original 2020 Legal Guide By Jack Ryan
P. 179

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












                                     ©2020 Jack Ryan  Legal & Liability Risk Management Institute                                   178
   174   175   176   177   178   179   180   181   182   183   184