Code of Criminal Procedure · Berkemer v. McCarty

Berkemer v. Mccarty

Berkemer v. Mccarty is covered under Berkemer v. McCarty and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Statements" on practice exams.

To prove this offense, the State must establish each of the following elements: 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.

Elements you must prove

  • 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)