'Do you have any drugs in the car?' Miranda and the limits of interrogation during a traffic stop
Knowing when your questioning during a traffic stop triggers Miranda – or not – can be the difference between your evidence being suppressed – or not
In Miranda v. Arizona, the Supreme Court protected a defendant's Fifth Amendment right against self-incrimination by requiring police to provide an advisement before “custodial interrogation.” Two circumstances trigger Miranda warnings: “custody” and “interrogation.”
Custody and interrogation
“Interrogation” occurs when police ask questions or make statements or engage in conduct “reasonably likely to elicit an incriminating response.” Examples of the latter include:
