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CA8: Miranda violation does not warrant suppression of physical evidence

By John Wesley Hall, Jr.

Statements made allegedly in violation of Miranda during a traffic stop were admissible under Berkemer. Even so, a Miranda violation does not always lead to suppression of physical evidence. United States v. Morse, 2009 U.S. App. LEXIS 13771 (8th Cir. June 26, 2009): On appeal, the government argues that the district court erred in suppressing Morse's statements and the crack cocaine based on Miranda, and we agree. In Berkemer, the Supreme Court held that even though a motorist is seized during a traffic stop, 468 U.S. at 436-37, Miranda warnings are not required where the motorist is not subjected to the functional equivalent of a formal arrest. Id. at 440-42. Therefore, that Morse reasonably believed that he was not free to terminate the encounter with Baggett does not resolve whether Miranda warnings were required in order to elicit admissible statements from Morse...continue to full post

Full post as published by Fourth Amendment on June 29, 2009 (boomark / email).