Does the Miranda rule apply to investigative questioning during a brief stop and frisk?

"New York", United States of America

The following excerpt is from Peabody, Matter of, 382 N.Y.S.2d 934, 86 Misc.2d 520 (N.Y. City Ct. 1976):

Respondent invokes the rule of Miranda v. Arizona . . . as to the necessity for warnings prior to the questioning of a suspect. However, while a person subjected to a police street stop is by definition under temporary restraint, it has never been thought that he should be deemed in custody in the Miranda sense or that the Miranda rule applies t investigative questioning during a brief stop. (Citations omitted). By the same token, the special protection afforded juveniles by the guarantee of the presence of a parent during a Miranda questioning, is inapplicable to brief, on-the-street, investigative questioning; a contrary conclusion would abrogate the stop-and-frisk law in relation to juveniles.' Matter of Kwok T., supra, 81 Misc.2d 911, 917, 367 N.Y.S.2d 427, 433--434.

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