When a police officer stops and questions a suspect where there is less than probable cause to arrest the suspect, can the officer issue a Miranda warning?

California, United States of America


The following excerpt is from People v. Herdan, 116 Cal.Rptr. 641, 42 Cal.App.3d 300 (Cal. App. 1974):

17 We do not intend to suggest, of course, that whenever a police officer questions a suspect where there is less than probable cause to arrest the suspect, Miranda warnings are required. Such is not, and should not be, the law. (People v. Manis, 268 Cal.App.2d 653, 669, 74 Cal.Rptr. 423.) But, in the typical stop-and-question situation, questioning is 'designed to bring out the person's explanation . . . and enable the police to quickly determine whether they should allow the suspect to go about his business or told him to answer charges.' (Id., p. 665, 74 Cal.Rptr. p. 431.) In the case at bar, of course, the questioning was not designed to inform the officers whether to arrest appellant. That decision had already been made. Likewise, as noted in Manis, temporary detention 'only slightly resembles custody, 'as the mist resembles the rain'. . . . (T)he person detained is in no sense an accused but rather one merely suspected of misconduct.' (Id., p. 667, 74 Cal.Rptr. p. 432.) In the case at bar, appellant was an accused in every sense of the word.

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