Is a traffic stop an arrest within the meaning of Miranda?

Posted by Sample HubSpot User on Mon, May 15, 2017 @ 11:50 AM


Law enforcement officers must provide the Miranda warnings to suspects who are (1) in custody and (2) subject to interrogation. Motorists who have been stopped by police officers aren’t free to leave and are inevitably subjected to some kind of questioning, which begs the question: Shouldn't officers read them their rights?

(For information on a related topic, see  Searches After Traffic Stops: Not Always Allowed. Also see Your State's Laws Might Offer Mor Protections.)

The Supreme Court has acknowledged that a traffic stop involves significant restraint of a driver’s freedom. But it has held that that a typical roadside detention doesn’t place the driver “in custody” because it doesn’t involve the kind of restraint that’s typical of a formal arrest (for example, handcuffing). That isn’t to say, however, that a traffic stop can’t evolve into a full-blown arrest that requires Miranda warnings for further questioning.

Tags: Criminal Charges, Miranda rights, know your rights, DUI Bay Area, Miranda Waiver