Code of Criminal Procedure · U.S. Supreme Court, 1984
Berkemer v. McCarty
Berkemer v. McCarty is a 1984 U.S. Supreme Court decision. This page summarizes key points and works through practice questions for Texas peace officer exam preparation.
Key points
- Traffic stop = Terry-style detention, not Miranda custody
- Pre-arrest, on-scene questioning generally permissible without warnings
- Miranda triggered by formal arrest or functional equivalent
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Worked examples
Worked example 1
SCENARIO. An officer pulls over a driver for speeding. During the stop the officer asks: 'Have you been drinking?' The driver replies: 'A couple of beers.' Was Miranda required?
- Yes — Miranda is required for any police questioning
- No — a routine traffic stop is not 'custody' for Miranda purposes (Berkemer v. McCarty), so pre-arrest investigative questions during the stop generally do not require warnings Correct
- Yes — the question was about a possible offense
- Only if the driver is later arrested
Why: Routine traffic-stop questioning is comparable to a Terry stop and not 'custody' for Miranda. Once a driver is formally arrested or detention rises to the functional equivalent, Miranda applies.
Statute: Berkemer v. McCarty, 468 U.S. 420 (1984)