State, City of St. Paul v. Lynch

I respectfully dissent on the grounds that Lynch was not in custody when interrogated and, therefore, a Miranda warning was not required.

This encounter began when Lynch was stopped for running a stop sign. The only unusual feature was the emergence of Lynch’s passenger, screaming that Lynch *747would not let her out of his car. Prior to the stop, the police had no grounds to charge Lynch with engaging in prostitution.

There were two police officers present. One of them did a pat-down search of Lynch and the passenger, put the passenger in his squad car, and went to check Lynch’s car for…