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State v. Allen12/3/1998
m prior decisions involving traffic stops simply because in this case the officer had made a decision to charge Allen with a license plate violation. See City of Billings v. Skurdal (1986), 224 Mont. 84, 89, 730 P.2d 371, 373-74. The stop was still public, routine, and temporary in nature. Those critical facts distinguish it from "custodial" interrogations.
. Based on the analyses and holdings in Berkemer and Skurdal, our own Discussion of field sobriety tests in Hulse, and the facts of this case, we conclude that Allen was not entitled to a Miranda warning following his traffic stop and prior to his arrest for driving under the influence of alcohol. We affirm the District Court's denial of his motion to suppress.
/S/ TERRY N. TRIEWEILER
We Concur:
/S/ J. A. TURNAGE /S/ KARLA M. GRAY /S/ JIM REGNIER /S/ JAMES C. NELSON
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