Thank you Steve. What about that cliche question, "Do you know how fast you were going?"srothstein wrote:Ameer,
In the Court of Criminal Appeals decision (Kurtz) that said that a traffic stop was an arrest, they specifically said it did not rise to the status of a custodial arrest that would trigger Miranda. The key point is that Miranda does not say you must be warned of your rights when you are arrested, but when you are being asked questions while in custody whether arrested or not.
Unless we're free to ignore the flashing blue lights and keep driving, it seems like we're in custody during a traffic stop. I'm speaking of the Plain English meaning of the words not Lawyerish. Now that I think of it, that may be my problem.
