Exceptions to Miranda

Question 1

Public Safety

Answer 1

i. Limited in scope

ii. Narrowly tailored to curtail concern for public safety

Question 2

NY v. Quarles

Answer 2

Rape;store;fit description;in store frisk & empty holster; de facto arrest- “hands up”; asked “where is gun” w/out Miranda.

2. Custody–√yes
3. Express questioning–√yes
4. But Miranda not given —designed to curtail an immediate public safety threat.

Question 3

Procedure

Answer 3

and booking