State v. Roberti

This case is before us on remand from the Supreme Court of the United States, Oregon v. Roberti, 468 US_, 104 S Ct 3574, 82 L Ed 2d 873 (1984), for reconsideration in light of that court’s recent decision in Berkemer v. McCarty, 468 US _, 104 S Ct 3138, 82 L Ed 2d 317 (1984). The question arises under the Fifth and Fourteenth Amendments of the federal constitution.1 The issue is whether defendant’s inculpatory statements, made to a police officer during a traffic stop after the officer had decided to arrest defendant but prior to formal arrest, were the product of “custodial interrogation”…