Is there any need to give a Miranda warning to an individual detained pursuant to a traffic stop?
California, United States of America
The following excerpt is from People v. Mendoza, C072489 (Cal. App. 2014):
No Miranda warnings need be given to an individual detained pursuant to a traffic stop, since the detainee is not "in custody." (Berkemer v. McCarty (1984) 468 U.S. 420, 440 [82 L.Ed.2d 317, 334-335] (Berkemer).) "[D]etention of a motorist pursuant to a traffic stop is presumptively temporary and brief." (Id. at p. 437.)
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