public safety exception

Interrogating Tsarnaev

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Dzhokhar Tsarnaev has been arrested in connection with the Boston Marathon bombings. CNN reports that he “lies in a hospital with a gunshot wound to the side of his neck, sedated and intubated,” but that he could be put on a “sedation holiday” and brought back to consciousness to be questioned. This raises several issues. … Read more

Terrorists, Miranda, and the Public Safety Exception, Part II

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Yesterday, I noted that the public safety exception to Miranda has been invoked in two recent terrorism cases to justify delaying the administration of Miranda warnings. A commenter correctly identified the seminal case in this area: New York v. Quarles, 467 U.S. 649 (1984). In Quarles, a woman approached two police officers, told them that … Read more