Police use “Terry stop” loophole to avoid admitting your Miranda rights during a traffic stop
You’re driving home after a long day when flashing blue lights fill your rearview mirror. A police officer approaches, leans in, and casually asks, “How much have you had to drink tonight?” Your mind races—should you answer? After all, you know you have the right to remain silent. But here’s the kicker: the officer hasn’t told you that. Thanks to a legal loophole called the “Terry stop,” they don’t have to.
So, what’s a Terry stop? It’s legal jargon for temporary detention—like your average traffic stop. You’re not free to leave, but you’re also not under arrest. And since it’s not considered a “custodial interrogation,” the officer doesn’t have to read you your Miranda rights.
Attorney Andrew Flusche explains it plainly: “Do you still have the right to remain silent? Yes. Will anything you say still be used against you in a court of law? Yes. Does the officer have to remind you of any of that? Nope.”
The name comes from Terry v. Ohio, a 1968 Supreme Court case that set the rules. It says police can briefly stop and question someone if they have “reasonable suspicion” of criminal activity. The same logic applies to traffic stops today. But here’s the catch: during a Terry stop, anything you say can still be used against you. And it will.
During a “Terry stop” silence is golden
That’s why it’s so important to know your rights. You’re not required to answer questions like “Where are you going?” or “How much have you had to drink?” If you do, you’re giving the officer ammunition for their case. Flusche’s advice? “Stay polite but firm.” A simple, “I’m invoking my Fifth Amendment rights,” is all you need to say. Then zip it.
It might feel awkward or even confrontational, but staying silent is your best defense. Cops are trained to get you talking. They’re not breaking the rules—they’re using the Terry stop loophole to gather evidence without a Miranda warning.
So, when should you start talking again? You shouldn’t. Stay silent until the officer lets you go. If they already have enough evidence to arrest you, don’t hand them more. Call your lawyer and work on a plan together.
The next time those flashing lights fill your mirror, remember: stay calm, stay polite, and stay quiet. Knowing your rights—and using them—can make all the difference. You can see the rest of Flusche’s advice in the video below:
