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Did McCarty violate the Fifth Amendment?
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Apr 19, 2017 · Following is the case brief for Berkemer v. McCarty, 468 U.S. 420 (1984). Case Summary of Berkemer v. McCarty: Respondent McCarty was stopped by police for driving while intoxicated. McCarty responded to police questions during the traffic stop and after he was put in jail. Police never read McCarty his Miranda rights.
Held: 1. A person subjected to custodial interrogation is entitled to the benefit of the procedural safeguards enunciated in Miranda, regardless of the nature or severity of the offense of which he is suspected or for which Page 468 U. S. 421 he was arrested.
Our briefs summarize and simplify; they don’t just repeat the court’s language. Get Berkemer v. McCarty, 468 U.S. 420 (1984), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Written and curated by real attorneys at Quimbee.
Berkemer v. McCarty, 468 U.S. 420 (1984), is a decision of the United States Supreme Court that ruled that a person in police custody following a misdemeanor traffic offense was entitled to the protections of the Fifth Amendment pursuant to the decision in Miranda v. Arizona 384 U.S. 436 (1966).
Berkemer v. McCarty. 468 U.S. 420. Case Year: 1984. Case Ruling: 9-0, Affirmed. Opinion Justice: Blackmun. FACTS. In 1980 Trooper Williams of the Ohio State Patrol spotted Richard McCarty's car weaving in and out of highway lanes. Williams signaled McCarty to pull over and asked him to get out of the car, but McCarty could not stand up.
Berkemer v. McCarty. Media. Oral Argument - April 18, 1984. Opinions. Syllabus. View Case. Petitioner. Harry J. Berkemer, Sheriff of Franklin County, Ohio. Respondent. Richard N. McCarty. Location. Franklin County Sheriff. Docket no. 83-710. Decided by. Burger Court. Lower court. United States Court of Appeals for the Sixth Circuit. Citation.
Berkemer v. McCarty Case Brief Summary: This case involves a suspect, accused of a minor traffic offense, debating if the police needed to read him his rights during a routine traffic stop and subsequent questioning.
