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Berkemer v. McCarty

United States Supreme Court
468 U.S. 420 (1984)


Facts

A police officer suspected that McCarty (defendant) was driving while intoxicated and pulled him over. The officer asked McCarty to step out of the car and, when McCarty could not stand up straight, the officer decided he would be charged with a traffic offense. While McCarty was not yet told he would be taken into custody, at that moment he was no longer free to leave. The officer then asked McCarty whether he had been using intoxicants. McCarty answered in the affirmative. McCarty was then arrested and brought to the police station. At the station, McCarty was again questioned. At no point was McCarty read his Miranda warnings. McCarty moved to exclude both his statements made during the traffic stop and his statements made at the station house.

Rule of Law

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Issue

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Holding and Reasoning (Marshall, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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