Does Police Roadside Questioning After Routine Traffic Stop Considered a Custodial Interrogation ?
In Berkemer v. McCarty, 468 U.S. 420, 82 L. Ed. 2d 317, 104 S. Ct. 3138 (1984), a police officer stopped the defendant's car after observing that the defendant was driving erratically.
The officer ordered the defendant out of the car and asked him to perform field sobriety tests.
The officer then asked the defendant whether he had been using intoxicants.
The defendant admitted to consuming beer and smoking marijuana.
The officer placed the defendant under arrest.
The Supreme Court held that the roadside questioning of a motorist detained pursuant to a routine traffic stop does not rise to the level of a custodial interrogation for purposes of Miranda.