Miranda Warnings and Terry Stops: Another Perspective

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Vol: 15, Issue: 1

Publication Year:
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Eugene L. Shapiro
Miranda; traffic stop; privilege against self-incrimination; custodial interrogation; Constitutional Law; Jurisprudence; Other Law
article description
This article discusses the issue that federal Courts of Appeals have grappled with: whether an investigative stop upon less than probable cause under Terry v. Ohio may sometimes involve a need for Miranda warnings prior to questioning. It is the view of this commentary that post-Berkemer v. McCarty analyses by the Supreme Court concerning the Miranda “in custody” determination have had a singular influence upon judicial developments. There is now a very noticeable trend among the circuits towards the recognition of the appropriateness of Miranda warnings during some Terry stops.