Chapter 5 - §3. Exceptions to Miranda

• Jurisdiction: United States

§3. Exceptions to Miranda

A subject's statement taken in violation of Miranda need not be excluded if an exception to the rule exists. Four exceptions, all based on an overriding societal interest, have been recognized.

§3.1. Public-safety exception. The public-safety exception allows officers to question and otherwise speak with a subject without first providing Miranda warnings, as long as the questions relate to the location of a dangerous weapon or other concern for public safety. See New York v. Quarles (1984) 467 U.S. 649, 657. In such instances, the need to obtain prompt answers to matters "posing a threat to the public safety outweighs the need" for Miranda warnings. Quarles, 467 U.S. at 657; see People v. Simpson (4th Dist.1998) 65 Cal.App.4th 854, 861; see, e.g., U.S. v. Williams (9th Cir.2016) 842 F.3d 1143, 1149-50 (exception did not apply to questions at booking about gang affiliation when information would not meet...