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.
Eugene L. Shapiro,
Miranda Warnings and Terry Stops: Another Perspective,
Barry L. Rev.
Available at: https://lawpublications.barry.edu/barrylrev/vol15/iss1/1