Article Title
Abstract
This article discusses the issue that federal Courts of Appeals have grappled with: whether an investigative stop upon less than probable cause under Terry v. Ohio may sometimes involve a need for Miranda warnings prior to questioning. It is the view of this commentary that post-Berkemer v. McCarty analyses by the Supreme Court concerning the Miranda “in custody” determination have had a singular influence upon judicial developments. There is now a very noticeable trend among the circuits towards the recognition of the appropriateness of Miranda warnings during some Terry stops.
Recommended Citation
Eugene L. Shapiro,
Miranda Warnings and Terry Stops: Another Perspective,
15
Barry L. Rev.
(2010).
Available at:
https://lawpublications.barry.edu/barrylrev/vol15/iss1/1
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