Posted on January 7, 2008 by Travis Tormey

When does Miranda apply?

It is now established that a detention which occurs during a motor vehicle stop by the police constitutes a seizure within the meaning of the Fourth and Fourteenth Amendments to the United States Constitution. The question remains whether there is a requirement for the police to inform motorists of their Miranda right to remain silent during a motor vehicle detention. This question was answered in the US Supreme Court decision of Berkemer v. McCarty, 468 U.S. 420 (1984). The court held that the requirements of Miranda v. Arizona apply even in those situations where the defendant is arrested for a minor motor vehicle violation. If the police wish to conduct a custodial interrogation of the defendant, they must first inform him of his constitutional rights.

What about a motor vehicle detention that does not result in an arrest? Although there are many similarities between a motor vehicle detention and an arrest, the Court found two significant differences between a formal arrest and a roadside motor vehicle detention. First, the Court found that most traffic stops are usually temporary and brief. Driver's have an expectation that this short stop may result in a summons being issued and then they will be free to go on their way. The court found this strikingly different from a stationhouse interrogation where the questioning is usually prolonged and the defendant is often aware that the questioning will continue until the police obtain a confession. The second key difference the court emphasized is that during a typical traffic stop a motorist may not feel as though they are completely at the mercy of the police officer. The public nature of the stop reduces the ability of a police officer to use illegitimate means to elicit self-incriminating statements and also diminishes the driver's fear that if he does not cooperate, the police officer may become abusive.

As a result, the court ruled that individuals who are temporarily detained during an ordinary traffic stop are not in custody for purposes of Miranda. There is no requirement that police inform detained motorists of their Miranda rights unless or until the police place a given motorist or vehicle occupant under arrest and wish to conduct a custodial interrogation.

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Posted on January 2, 2008 by Travis Tormey

Length of detention following a traffic stop

During a routine traffic stop, an officer needs a certain amount of time to perform his duties. He must first be satisfied that the driver and occupants do not constitute a threat to themselves or others. Then the officer must obtain information and driving credentials from the driver, verify that neither the vehicle nor its occupants is wanted by other police agencies and complete any tickets and any other documents associated with the stop. Obviously, all of this takes time.

Time is a critical factor during a traffic stop. Although the driver is not under arrest, he or she has been seized within the meaning of the Fourth Amendment and is not free to leave. The defendant is being detained for investigation purposes. Accordingly, the officer does not need probable cause to believe that the operator has committed an offense, nor must the officer inform the driver of his or her constitutional rights prior to questioning. However, the longer the detention period continues, the more the motor vehicle stop will take on the characteristics of an arrest as opposed to a detention. As a result, a court may consider a prolonged detention to have developed into a de facto arrest that must be supported by probable cause. Evidence seized from the operator or statements made during the course of a de facto arrest that is unsupported by probable cause are subject to suppression.

In general, a traffic stop will be considered reasonable if it lasts no longer than is necessary to effectuate its purpose.

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