Scope of the Routine Booking Exception to Miranda

This wikilog article is a draft, it was not published yet.

by: Ryan • June 14, 2012 • no comments

The exact scope of the routine booking exception to Miranda is the subject of a recent petition for cert.

Issue(s): Whether the "routine booking" exception to Miranda v. Arizona applies: (1) unless the officer objectively should have known that his question was likely to elicit an incriminating response, as some courts have held; (2) unless the officer's intent was to elicit an incriminating response, as other courts have held; or (3) to all questions that serve a legitimate administrative function, regardless of whether the officer should have known that the questions would likely elicit an incriminating response, as still other courts, including the court below, have held.

The petition can be found here.