Legal Question in Criminal Law in Louisiana

Terry Stop

The US Supreme Court states:

that a peace officer does not have to give the Miranda Warnings on a Terry Stop. My question is Eg. Murder suspect detained in a public place. Can I ask him incriminating questions, eg. Did you kill your wife, Where is the gun, Why did you do it. I know if he is placed in a patrol car, he is deprived of his freedom in a significant way and the miranda warnings have to be given. It appears to me that a Terry Stop is similar to a routine traffic stop.


Asked on 12/29/06, 4:34 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

Re: Terry Stop

You cannot interrogate a subject about a specific crime during a "Terry" stop. An officer does not have to give the Miranda warnings because it is not an interrogation.

In a "Terry" stop an officer with "reasonable suspicion" has the right to detain a subject and search for weapons in the immediate access to or on the person of the subject. He can ask general questions (eg. "Where are you going?") but cannot conduct an interrogation about a specific crime.

To do what you propose is an attempt to commit police misconduct. If he is a murder suspect, Mirandize the guy and do it right

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Answered on 12/30/06, 3:55 pm


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