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Source Prosecutorial Disclosure Complete Criminal Procedure List Matched to this deck.

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0 tracked cards Criminal Law and Procedure

An officer stopped a driver for speeding on a public road. The officer kept the driver's license, stood by the driver's window, and asked, "Have you had anything to drink tonight?" The driver answered, "Three beers." The officer had not given Miranda warnings.
Which statement best describes the Miranda issue?

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Miranda warnings are required whenever the officer's question might produce an incriminating answer, even without custody. Miranda warnings are required only if the driver is questioned at a police station. Miranda warnings are unnecessary only if the driver signs a written waiver before the stop begins. Miranda warnings were not required before the roadside question if the ordinary traffic stop had not become custody for Miranda purposes.

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