NCJ Number
29414
Journal
FBI Law Enforcement Bulletin Volume: 44 Issue: 10 Dated: (OCTOBER 1975) Pages: 27-31
Date Published
1975
Length
5 pages
Annotation
DISCUSSION OF FEDERAL AND STATE COURT RESPONSES TO THE QUESTION OF WHETHER THE MIRANDA PROCEDURAL REQUIREMENTS APPLY TO INTERROGATION OF MISDEMEANANTS.
Abstract
THE AUTHOR CONCLUDES FROM HIS REVIEW OF A GROUP OF PROMINENT DECISIONS THAT, BECAUSE THERE IS NO CUSTODY (AND FREQUENTLY NO INTERROGATION), MIRANDA WARNINGS AND WAIVER ARE GENERALLY NOT REQUIRED IN STREET DETENTIONS WHERE A MISDEMEANANT IS GIVEN A CITATION - TRAFFIC STOPS, JAYWALKING, LITTERING, FAILURE TO MOVE ON, ETC. HOWEVER, MOST STATES HAVE TAKEN THE POSTITION THAT WHERE A FULL CUSTODY MISDEMEANOR ARREST IS TO BE EFFECTED, AND IS FOLLOWED BY INTERROGATION ON THE STREET OR AT THE STATION HOUSE, MIRANDA WARNINGS AND WAIVER SHOULD BE OBSERVED. (AUTHOR ABSTRACT MODIFIED)