Once a Driver is in Custody, He or She Must Be Afforded the Protections of Miranda

By: Wallin & Klarich

Once it can be shown that a motorist is “in custody,” he or she must be afforded the constitutional protections of Miranda. It is settled amongst the courts that the safeguards prescribed by Miranda become applicable as soon as a suspect’s freedom of action is curtailed to a “degree associated with formal arrest.” (California v. Beheler 463 US 1121, 1983).

When dealing with the protections of Miranda, it is important to note that the question is not whether a motorist has actually been formally placed under arrest, but rather whether the motorist is subjected to treatment that renders him “in custody for practical purposes.”

An experienced attorney will know how to apply specific case facts to relevant case law and statutes. If you or someone you love has been accused of a crime in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

Posted In: Criminal Defense