Why are miranda rights not extended to traffic stops?

Question

A simple answer would be "it's a misdemeanor". But, truthfully ANYTHING you say when stopped can be used against you in court. Why aren't the police told to advise "violators" of this? Case in point, you get stopped, the officer politily ask "Do you have any idea how fast you were going?" you answer...bingo self incrimination. And it's legal!

Arrestable offense or not, you should have rights. Because if you fail to pay the fine, you will go to jail eventually. Traffic violations always seem to be about 1/10th the cost of fighting the case. Which by the way, you will NEVER recover the cost of. Unless it's tax deductable. Maybe I should see a CPA :)

Answer 1

they only apply is you are being arrested

Answer 2

Here's the simple explanation: they are.

Your "Miranda Rights" are always in effect. Most people just don't tend to think about them until reminded by the officer. The rights that are mentioned in the Miranda Warning are covered by the Bill of Rights to the Unites States Constitution. That means that you always have those rights.

What people tend to think of as "Miranda Rights" is really just the Miranda Warning. It is a court mandated reminder from the police that you have those rights. The police are only required to remind a person of their rights after they have been arrested and before they are going to be questioned in relation to that offense. That's another thing: the actual right is against self-incrimination. That means that anything he asks about things other than crimes are not really covered. That's why name, date of birth, address, and the like are fair game and you can't refuse to tell the officer those things.

It is entirely possible for an officer to know that he is going to arrest you, but choose not to arrest you yet. Any questions he asks before he arrests you, you don't have to answer. But if you do, they will hold up in court, because he is not yet required to remind you you don't have to talk.

And that is why whatever you say to the officer during a traffic stop will hold up in court. You have rights, you just forgot about them and so didn't excercise them. It's not the officer's fault that you didn't remember. And the court has said that he doesn't have to remind you at that point. That's just how it is. The old saying "Ignorance of the law is no excuse" works both ways.


*EDIT*
I just want to add a note here about the people saying that a traffic violation is not an arrestable offense. According the U.S. Supreme Court, any violation of the law, including a traffic violation, is an arrestable offense. Individual departments may have policy regarding under what circumstances a person may be arrested for a traffic violation, but it is always arrestable. When you sign the ticket, you are not admitting your guilt. Signing that ticket is a signature bond stating that you will show up in court or pay the fine. If you refuse to sign, you can, and generally will, be arrested. In Alabama, if you refuse, the officer will take your driver's license as bond instead. If you don't have it on you or don't have one, then you will automatically be arrested for the traffic violation and have to arrange some other type of bond to be released until court.

Answer 3

The simple answer is it's an infraction, which is not even a misdemeaonr, or in other words, violating most traffic laws, aside from things like driving drunk or while not licensed, is not a crime at all and Miranda and all the other court protections like the right to a lawyer only applies to crimes.

While you COULD end up in jail eventually, it would only be because you commited a crime in relation to the ticket. It is a crime to not appear at a traffic hearing, but cops don't have to give you a Miranda warning before you even commit a crime.

Answer 4

Read Terry vs Ohio. Police are empowered to stop anyone based upon reasonable suspicion. This is not an arrest. If however during the course of the temporary detention evidence of a crime is observed or the detaineee utters a statement which provides probable cause that a violation of law has occurred, the police at that time can make an arrest. if a cop pulls you over for speeding he probably already knows how fast you were going and can prove it in court. Rule of thumb is, if you did somthing wrong and know it, and get stopped by the police, lawyer up immediately and keep your mouth shut.

Answer 5

Miranda Rights are said by police to make criminals aware when arrested. You are correct that what you say can be used against you during a traffic stop but you are not under arrest. Best advise is to remain silent or give brief, short, non descript answers when dealing in that situation or any situation with the police. But please remember that police are there to help the public and are due respect. Miranada was made into laws because before police would keep suspects and hold them until confession (or almost). Most people unaware would eventually break down. When you are read your rights you now know beyond a doubt you need a lawyer and are in trouble.

Answer 6

Miranda rights only apply to custodial interrogations, not all arrests.

The simple answers is that during a traffic stop, you are not considered to be "in custody". Theoretically, according to the court, you are free to leave at any time. Since you are not in custody, the Miranda does not apply.

In practice, everyone knows that is fiction. But that's the current law.

Answer 7

Have you ever heard the saying..."If you do the crime then shut your mouth and pay the fine"? People wake up out there. I don't need my rights read to me, I know what I was doing wrong. Think about this. When your going faster than the law allows and a cop pulls YOU over you can't claim you weren't there or you have an alibi to the contrary most likely he has it on radar and/or surveillance camera anyway. Take responsibility for your own actions

Answer 8

Miranda rights are only issued when you are arrested and in some states they dont have to give you miranda rights because illegal aliens dont understand them..,you should know as its common sense that anything you say to an officer is going to get documented in the report and theres no reason to issue the miranda rights for that.By the way you do have the privilege of driving it is not a right and you have to right not to speed and accept the responsiblility of you speeding.Officer was doing his job..,I wouldnt want to be a cop and see what they see day in and day out and then have to go home to their families after seeing a child molested or murdered and pretend he didnt see it.Give the guys the respect the deserve..,one day you may need them.

Answer 9

The shear volume of stop would make it too time consuming. Traffic stops are "gravy" for your local government...."little moneymakers". To slow down there volume would hinder the cash flow of the local government. Then you might not see so many Harleys and Bayliners in the driveways of your local police (California cops have an abundance of "toys" and are way overpaid).

On the subject of overpaying our cops. My grandfather was a sheriff of a central Illinois county. He got paid $80 a month and was able to "rent" the county sheriff's quarters for $20. a month. He had to move when his term was up.

These overmonied government troops we have for cops nowdays (at least in California), make 5 times the median salary for our area and have much better benefits than the general public. The sole function of our local cops is to harass the homeowners and citizens. If something bad happens (breakin etc) about all the cops do out here is waste another 45 minutes of your time, filling out forms..... that never get followed up on. Now if it's a high profile case, then they all get to work... doing nothing. Just watch your next "crimescene" on the evening news, you'll see more cops wasting time than actually working.

The police are not here to protect and serve but to punish and levy fines against you.

Answer 10

welcome to the real world............first off, do you know the difference between the fifth amendment and Miranda?.....Miranda simply means reminding you that you have a right to remain silent.....(a fifth amendment right)....which you already know. sorry, i missed my point, however, why do you think you were pulled over? because the cop knew exactly how fast you were going. based on your answer is whether or not you receive a ticket or a warning, or a ticket for speeding and a broken tail light etc, etc, etc......if you take it to court you cannot argue Miranda because your guilt is not based on a statement ; it is solely based on excess speed. but it could cost an extra hundred in court costs. just pay the fine and lie to your insurance agent.

Answer 11

Miranda rights attach only to "custodial interrogation." A traffic stop does not legally put you in custody.