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?

  1. Yes — Miranda is required for any police questioning
  2. 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
  3. Yes — the question was about a possible offense
  4. 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)