Is one under police custody once he/she is told to step out of the car?

Question

I answered incriminating questions by the officer only after I left my car upon his demand. At NO point I was given my Miranda Rights. Does this suggest a procedural violation by the police officer?

Answer 1

It is usual and customary to ask people to step out of their car during a traffic stop.  You were not in custody and being interrogated, therefore Miranda did not apply.

Seeing the pills elevated the stop from a traffic violation to a stop of reasonable suspicion.  Still Miranda did not apply.  Miranda only applies when you are in custody (perceived) and being asked incriminating questions (interrogation).  He can talk to you without Miranda during the car stop.  You can talk to him, or you can refuse, but Miranda does not apply.

Answer 2

The US Supreme Court says you were not in custody.

The Court has determined a traffic stop is a "temporary detention", and not police custody.

Custody is determined when a person believes he is not free to leave. In your case, when the handcuffs were applied.  Any questions about the crime after you were handcuffed would require your Miranda rights.

Answer 3

I blame BAD TELEVISION for the horrible level of knowledge that people throughout the country have about the legal system.

First thing, there are no Miranda RIGHTS.  It is the Miranda WARNING.

The Miranda Warning, which is known to most people, is read under two conditions.

1) The person is in custody.

2) The person is being interrogated.

As a patrol officer the only time I ever read the Miranda Warning was for misdemeanor domestic assault cases, because the suspects would go to court before being talked to by an investigator.  Otherwise there was absolutely no need to read them.  When they are read, by an investigator, a full 8"x11" sheet of paper is read from and intitialled/signed in multiple places, usually while being recorded.

Being asked to step out of the car is not being "in custody" but is classified as being "detained".  Once you are cuffed and going to the jail/station you are "in custody".

Answer 4

Miranda rights are only required to be given when a suspect is:

a. in custody, AND

b. being interrogated.

The question here is whether or not you were in custody when the police officer interrogated you.  From experience, most "courts apply a reasonable person standard; a person is in “custody” only if, under the circumstances, a reasonable person would believe that his freedom of movement was restrained to the degree associated with a formal arrest."

Given this legal test, your were NOT in custody, thus Miranda rights were not required and your statements will not be suppressed.

Answer 5

No you are not normally considered to be in custody simply for being asked to step out of the car on a "routine" traffic stop.  There for Miranda is not required and the Officer can testify to answers to questions.

The court determines custody by looking at it from a reasonable innocent person's perspective (the important part is the innocent part).  That is would an innocent person believe they were under arrest.  Simply asking someone to step out of a car would not make the average innocent person believe they were in custody-it happens all the time and does not always result in an arrest.  If, however, you stepped out of the car and were placed in handcuffs then you could make the custody argument.

The US Supreme Court has ruled that an Officer may ask the driver and/or passenger(s) of a vehicle to either step out of a car or remain in a vehicle.

Be very careful about some of these answers you are seeing to your question.  People routinely answer questions in here that have no idea what they are talking about.

EDIT:

No it would not matter what you admitted to prior to exiting the car.  It does not matter what you thought was going to happen.  Heck, the Officer could ask you out of the vehicle with the intention of arresting you and ask questions of you before doing.  Remember what I said, it is looked at from the perception of an innocent person not a guilty one.

EDIT:

Okay, the only time Miranda is required is if you are in custody and being questioned about a crime.  If those two elements are not present then Miranda is not required.  So it is all together possible arrest someone and never read them Miranda-it happens all the time.  If the Officer questioned you about a crime after arresting you that simply means he/she may not testify to those answers in court.

Answer 6

You are not legally in police custody

unless you are placed under arrest-

The fact that the officer in question

did not "mirandize" you is a direct

violation of your civil rights as well as

procedural violation by the officer.

Make sure you  tell your legal counsel

or the judge when you appear in court.

Answer 7

You were a suspect and your were detained.  

Answer 8

Most definitely.  The cop stepped in it when he did that.  I'm not a lawyer, but I think you should talk to your lawyer ASAP.