Miranda was not required during bicycle stop (11 30 12)

Dayton police officers saw a man riding his bicycle without lights which they believed was a minor misdemeanor in violation of a Dayton City ordinance. They stopped the man and asked if he had any weapons. The man admitted he did and he was subsequently charged with carrying a concealed weapon. The man moved to suppress the gun since he was not read his Miranda Rights before he admitted having the weapon. But a routine traffic stop is not a custodial situation and Miranda warnings are only required for custodial interrogation. And the Second District Court of Appeals has held that an officer may ask any person stopped during a traffic stop if they are armed because of the legitimate concern for the safety of the officers. State v. Brown, 2012-Ohio-5532.

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