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· 9/26/2023

State v. Fernando

Citations

  • 32 Neb. Ct. App. 289

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Miranda does not apply when a motorist is subjected to roadside questioning during a routine traffic stop
  • holding that an individual is not required to provide information, including his identification, to law enforcement officer who lacks probable cause to arrest
  • holding that because a A-5867-17T3 14 vehicle stop is “presumptively temporary and brief” and “public, at least to some degree[,]” it does not automatically trigger the Miranda requirement
  • holding that “[i]t would be unreasonable to expect the police to make guesses as to the nature of the criminal conduct at issue before deciding how they may interrogate a suspect.”
  • noting that even someone detained in a Terry stop \is not obliged to respond\ to police questions
  • noting that traffic stops are ordinarily regarded as investigative detentions and not custodial arrests for constitutional purposes

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.