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I believe (though I'm not certain) that from the moment she was pulled over, she was technically "In Custody," though not necessarily "Under Arrest," and therefore legally incapable of giving consent. One of you lawyers want to chime in on this?



You are neither in custody nor detained in a traffic stop. Remember most traffic stops are infractions NOT misdemeanors or felony unless subsequent evidence if found.

When someone is technically "in custody", your Miranda rights have to be read to you. Or on the contrary, you can be detained for questioning.