People v. Austin

OPINION OF THE COURT

Edward M. Horey, J.

Basically the instant case involves the rights of a drunk found asleep in his car.

On July 2, 1984 the Supreme Court of the United States decided the action of Berkemer v McCarty (468 US_, 104 S Ct 3138, 82 L ed 2d 317). There the court analogized the “usual traffic stop” to a “so-called ‘Terry’ stop”. (See, 468 US, at p_, 82 L ed 2d, at p 334, 104 S Ct, at p 3150.)

In making its holding the Supreme Court refused to adopt a rule that would require Miranda warnings to be given in every traffic stop.

The court pointedly refused to adopt either a rule that…