Exceptions to Miranda Flashcards

1
Q

Public Safety

A

i. Limited in scope

ii. Narrowly tailored to curtail concern for public safety

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2
Q

NY v. Quarles

A

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

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

Procedure

A

and booking

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