Tuesday, January 01, 2008

Police stopping drunken driving suspects do not need to give Miranda (Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966) warnings to drivers before conducting interrogations immediately after the traffic stop. Nebraska Court of Appeals affirms drunk driving conviction. State v. Brauer, A-07-256, 16 Neb. App. 257 “‘The police may interview suspects not in custody and not subject to coercion in on-the-scene investigations for the purpose of determining whether a crime has been committed and who committed it.’” State v. Holman, 221 Neb. 730, 380 N.W.2d 304 (1986). Roadside questioning of a driver detained pursuant to a routine traffic stop does not constitute custodial interrogation for purposes of Miranda. (State Patrolman) placed Defendant in the cruiser to conduct on-the-scene investigation and questioning, based on his reasonable suspicion that Defendant might have been driving while intoxicated. We conclude that the county court did not err in denying Defendant’s motion to suppress his statements."

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