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 is "sometimes." I'll start off with why I've been saying "no." I based my answer on cases like State v. Sutton, 167 N.C. App. 242 (2004) ("The mere fact that Officer Sojack performed an investigative stop of defendant and then patted him down did not result in defendant being 'in custody' for purposes of Miranda."), and United States v. Leshuk, 65 F.3d 1105 (4th Cir. 1995) (holding that Terry stops do not amount to custody, and stating that “drawing weapons, handcuffing a suspect, placing a suspect in a patrol car for questioning, or using or threatening to use force does not necessarily elevate a lawful stop into a custodial arrest for Miranda purposes”). Further, the United States Supreme Court has held that traffic stops generally are not custodial, Berkemer v. McCarty, 468 U.S. 420 (1984), and our appellate courts have held that this is so even when the driver is ordered out of his vehicle and frisked, State v. Benjamin, 124 N.C. App. 734 (1996). Given the similarity between Terry stops and traffic stops, this seemed to me to provide further support for the idea that Terry stops were categorically, or at least almost categorically, noncustodial. [...]
Faculty Coordinators
