Berkemer v. McCarty is associated with which police scenario?

• A. Stop-and-Frisk
• B. Traffic Stops
• C. Public Safety Exceptions
• D. Routine Interviews

Answer: (B)

Think of Berkemer v. McCarty as settling what counts as custody during a roadside encounter. The Supreme Court said that a routine traffic stop is generally non-custodial for purposes of Miranda warnings, so police may ask questions related to the stop without giving Miranda warnings. The key idea is that the stop is temporary and the driver isn’t in the kind of custody that triggers Miranda at the scene. If the stop leads to an arrest and the person is taken to a station for interrogation, then Miranda would apply. That emphasis on roadside, non-custodial questioning is why this case is tied to traffic stops.