Berkemer v. McCarty
| Berkemer v. McCarty | |
|---|---|
| Argued February 28, 1984 Decided July 2, 1984 | |
| Full case name | Berkemer, Sheriff of Franklin County, Ohio v. McCarty |
| Citations | 468 U.S. 420 (more) 104 S. Ct. 3138; 82 L. Ed. 2d 317 |
| Case history | |
| Prior | Defendant convicted; conviction upheld by Supreme Court of Ohio due to lack of substantial appellate question. State v. McCarty, No. 81-710 (July 1, 1981); State habeas corpus petition denied, McCarty v. Herdman, No. C-2-81-1118 (Dec. 11, 1981); Federal habeas corpus petition granted, McCarty v. Herdman, 716 F.2d 361, 363 (1983) |
| Holding | |
| A person subjected to custodial interrogation is entitled to the benefit of the procedural safeguards enunciated in Miranda, regardless of the nature or severity of the offense of which he is suspected or for which he was arrested. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Marshall, joined by Burger, Brennan, White, Blackmun, Powell, Rehnquist, O'Connor |
| Concurrence | Stevens |
| Laws applied | |
| U.S. Const. amends. V, XIV | |
Superseded by | |
| Hiibel v. Sixth Judicial District Court of Nevada (in part) | |
Berkemer v. McCarty, 468 U.S. 420 (1984), is a decision of the United States Supreme Court that ruled that a person in police custody following a misdemeanor traffic offense was entitled to the protections of the Fifth Amendment pursuant to the decision in Miranda v. Arizona 384 U.S. 436 (1966). Previously, some courts had been applying Miranda only to serious offenses.