Are Terry Stops “Custodial” for Miranda Purposes?

Published for NC Criminal Law on July 14, 2010.

I used to answer this question “no.” But even though the United States Supreme Court recently said exactly that, see Maryland v. Shatzer, __ U.S. __, 130 S. Ct. 1213 (2010) (“[T]he temporary and relatively nonthreatening detention involved in a traffic stop or Terry stop does not constitute Miranda custody.”), I think the correct answer ... Read more

The post Are Terry Stops “Custodial” for Miranda Purposes? appeared first on North Carolina Criminal Law.