Does Miranda apply during a sidewalk or traffic stop? Short Answer: Not always.

Does Miranda apply during a sidewalk or traffic stop?

Short Answer: Not always.

Explanation: Miranda v. Arizona applies to custodial interrogation. Routine roadside or sidewalk questions during a brief investigative stop may not be considered custody for Miranda purposes. Under Berkemer v. McCarty, DUI roadside questioning is often treated differently from formal custodial interrogation.