· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.