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Criminal Procedure Keyed to Ohlin
Berkemer v. McCarty
Citation:
468 U.S. 420 (1984)Facts
On March 31, 1980, Trooper Williams of the Ohio Highway Patrol observed respondent’s car weaving in and out of a lane on Interstate Highway 270. After following the car, Williams forced respondent to stop and asked him to get out of the vehicle. When respondent complied, Williams concluded that respondent would be charged with a traffic offense and therefore, his freedom to leave the scene was terminated. However, respondent was not told that he would be taken into custody. William asked respondent whether he had been using intoxicants. Respondent relied that he had consumed two beers. Williams thereupon placed respondent under arrest and transported him to the county jail, where Williams resumed questioning respondent to obtain information for inclusion in the State Highway Patrol Alcohol Influence Report. At no point did Williams tell respondent that he had a right to remain silent and to consult with an attorney.
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