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State v. Elison11/16/2000
ry traffic stop of a presumptively temporary duration. Both Elison and Conrad knew full well that Elison was being stopped on suspicion of illegal drugs-not for a traffic violation.
68 Berkemer makes clear that in determining whether a person questioned will be induced "to speak where he would not otherwise do so freely," the nature of the stop is important. Berkemer, 468 U.S. at 437, 104 S.Ct. at 3149, 82 L.Ed.2d at 333. In other words, is the stop "presumptively temporary and brief?" Berkemer, 468 U.S. at 437, 104 S.Ct. at 3149, 82 L.Ed.2d at 333. Both the officer and Elison knew that the stop was for suspected drug use. The stop was not a "traffic" stop, it was not "routine" and it was not going to be "presumptively temporary and brief." In my view, Miranda should apply under these facts. I would reverse on issue two.
W. WILLIAM LEAPHART
Justices William E. Hunt, Sr. and Terry N. Trieweiler, join in the foregoing concurring and dissenting opinion.
TERRY N. TRIEWEILER
WILLIAM E. HUNT, SR.
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