Terry Stop Evolving into Custodial Interrogation
Miranda involves two parts: the person must be in custody and subject to custodial interrogation. In a recent SC Court of Appeals case, State v. Walker, the court analyzed whether a statement given by the defendant, without Miranda warnings, should have been allowed in.
What is custodial interrogation?
The critical question is: has the stop evolved into a custodial interrogation for Miranda purposes:
Custody is based on an objective perspective, not subjective:
***This is not legal advice***