BERKEMER V. MCCARTY
468 U.S. 420 (1984)
NATURE OF THE CASE: This is an appeal from a conviction for operating a motor vehicle
while under the influence of alcohol and/or drugs.
FACTS: McCarty (D) was driving and weaving on the highway. Officer Williams. forced D to
stop and asked him to exit the car. Williams noticed that D had difficulty standing, and
administered a field sobriety test. D failed this test. Williams concluded that he would
charge D with a traffic violation and that D would not be permitted to immediately leave the
scene. Williams asked D if he had been using intoxicants. D replied that he had drunk two
beers and smoked marijuana. Williams then arrested D and took him to the county jail where D
was questioned further without Miranda warnings. While at jail, D made more incriminating
remarks. At D's trial, all statements made were placed into evidence and D decided to plead
no contest. He was convicted of driving under the influence. D appealed. On appeal the court
held, as per the Ohio Supreme Court, that the rule announced in Miranda 'is not applicable
to misdemeanors.' The Ohio Supreme Court dismissed respondent's appeal on the ground that it
failed to present a 'substantial constitutional question.' D filed habeas corpus. The
District Court dismissed the petition, holding that 'Miranda warnings do not have to be
given prior to in-custody interrogation of a suspect arrested for a traffic offense.' A
divided panel of the Court of Appeals for the Sixth Circuit reversed holding that 'Miranda
warnings must be given to all individuals prior to custodial interrogation, whether the
offense investigated be a felony or a misdemeanor traffic offense.' The Supreme Court
granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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