Roadside Questioning

[jure.toplak at uni-mb.si]

Under Berkemer, police does not need to read Miranda warning to a driver
during the roadside questioning. The question remains, however, whether
the driver has a right to be represented by a lawyer (or talk to a
lawyer) if his lawyer is coincidentally at the scene (for instance, if
the lawyer is sittin next to him in the car when the car is stopped)? 

It seems that some states allow that and some do not.


>	I think the case you're looking for is Berkemer v. McCarty, 468 U.S. 420 (1984), which holds that questioning of a suspect during a normal roadside stop is not "custodial interrogation" for Miranda purposes.
>
>	Eugene
>
>> -----Original Message-----
>> From: conlawprof-bounces at lists.ucla.edu [mailto:conlawprof-
>> bounces at lists.ucla.edu] On Behalf Of Silverburg, Sanford R
>> Sent: Saturday, February 20, 2010 7:09 AM
>> To: conlawprof at lists.ucla.edu
>> Subject: Roadside Questioning
>> 
>> With regard to law enforcement stopping motorists, I have always wondered
>> about their authority to ask self-incriminating questions, i.e., Have you been
>> drinking?  Can someone point out the legal authority for this practice?
>> 
>> Sanford Silverburg
>> 
>> 
>> Sanford R. Silverburg, Ph.D
>> Professor
>> Department of History and Politics
>> Catawba College
>> Salisbury, NC 28144
>> US
>> ssilver at catawba.edu
>> _______________________________________________
>> To post, send message to Conlawprof at lists.ucla.edu
>> To subscribe, unsubscribe, change options, or get password, see
>> http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
>> 
>> Please note that messages sent to this large list cannot be viewed as private.
>> Anyone can subscribe to the list and read messages that are posted; people can
>> read the Web archives; and list members can (rightly or wrongly) forward the
>> messages to others.
>> 
>
>_______________________________________________
>To post, send message to Conlawprof at lists.ucla.edu
>To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
>
>Please note that messages sent to this large list cannot be viewed as private.  Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to
others.