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Berkemer v. McCarty

United States Supreme Court

468 U.S. 420 (1984)

Relevant factsFree

An officer stopped McCarty (defendant) on suspicion of driving while intoxicated, and after McCarty struggled to stand outside his car, the officer decided (without telling McCarty) that he would be charged and was no longer free to leave; the officer then asked if McCarty had used intoxicants, and McCarty admitted he had, before being formally arrested and taken to the station where he was questioned again, still without Miranda warnings at either point. McCarty sought to suppress both the roadside statement and the stationhouse statements.

IssueFree

Whether Miranda warnings must be given before questioning a motorist during a routine roadside traffic stop, and whether they are required once that motorist is taken to the police station.

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