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[Simon Spero <ses AT unc.edu>]

On Jun 21, 2004, at 2:33 PM, Alan MacHett wrote:

> According to the 1968 Terry ruling, a stopped suspect must offer at 
> least
> a minimum amount of information to the police.  This is being upheld 
> again
> with the Hiibel ruling.  In other words, Miranda doesn't apply until an
> arrest is made.

Not quite- maybe it's different under UCMJ?

	*** Typically this means that the officer may ask the detainee a 
moderate number of questions to determine his identity and to try to 
obtain information confirming or dispelling the officer's suspicions.  
But the detainee is not obliged to respond. And, unless the detainee's 
answers provide the officer with probable cause to arrest him, he must 
then be released. The comparatively non-threatening character of 
detentions of this sort explains the ansence of any suggestion in our 
opinions that Terry stops are subject to the dictates of Miranda ***
        Berkemer v. McCarty, Supreme Court of the United States, 1984
468 U.S. 420, 104 S. Ct  3138, 82 L. Ed 2d 317