Berkemer v. McCarty
Citation and Court
468 U.S. 420 (1984) — Supreme Court of the United States
Facts
Richard McCarty was stopped by an Ohio highway patrolman for swerving on a highway. The officer administered a field sobriety test and asked McCarty whether he had been using intoxicants. McCarty made incriminating statements and was eventually arrested. No Miranda warnings were given at any point before or after arrest, and the State sought to use McCarty’s statements against him at trial.
Issue
Does the Miranda rule apply to persons stopped and questioned during routine traffic stops, and does it apply to misdemeanor offenses as well as felonies?
Holding
A routine roadside traffic stop does not constitute custody for Miranda purposes, so Miranda warnings are not required for questions asked during the stop; however, once a motorist is formally arrested, Miranda applies regardless of whether the underlying offense is a misdemeanor or felony.
Rule / Doctrine
Miranda custody requires a formal arrest or a restraint on freedom of movement of the degree associated with a formal arrest. A traffic stop is a brief, limited detention that is not custody. Miranda applies to custodial interrogation regardless of the severity of the offense—there is no misdemeanor exception to Miranda.
Significance
Berkemer resolves two important Miranda questions: (1) traffic stops are not custodial, so officers may ask investigatory questions without Miranda warnings; and (2) Miranda applies to all offenses once custody attaches, not just felonies. The non-custody ruling for traffic stops has enormous practical importance given the frequency of such encounters.