# Miranda question



## stm4710 (Jul 6, 2004)

On traffic stops you dont mirandize people cause they havent been "siezed" under the 4th amendment. However I am a little confused when it comes to stopping people on the water at the HM job. When we stop a vessel and if we tie up to it, does it:

A. Become a sizeure under the 4th amendment----because they are not free to leave,cause they are physically attached to our vessel.
B. Do the people being "siezed" invoke miranda protections.
C Does it now become a custodial interrogation.




TIA


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## j809 (Jul 5, 2002)

Simple two prong test
CUSTODY AND INTERROGATION


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## dcs2244 (Jan 29, 2004)

I would suggest that it is similar to a motor vehicle stop: it's just that the physics are different...the cruiser and the lemming vehicle are not going to "drift" apart.


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## bluesamurai22 (Nov 20, 2004)

Sounds like a MV stop on the water. What do you usually do for enforcement actions? If you mostly issue citations and verbal warnings then I would say the courts would find it to be the same.


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## Pyle G (Jun 1, 2006)

They can always jump overboard


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