NCJ Number
192629
Journal
Law Enforcement Quarterly Volume: 30 Issue: 3 Dated: Winter 2001 Pages: 16-19
Date Published
February 2001
Length
4 pages
Annotation
This article discusses a recent United States Supreme Court decision regarding Miranda warnings and explains the six lawful exceptions to the Miranda rule.
Abstract
The June 2000 decision in Dickerson v. United States reaffirmed the Miranda rule and made positive reference to the public safety exception to the Miranda rule. This exception involves a situation involving a threat to public safety, most often when a suspect has discarded a gun and the police officer reasonably believes that the gun should be located before someone else finds it. The exception also includes circumstances when the officer must rapidly determine whether other suspects in a violent crime are at large, for reasons of the officer’s personal safety. Closely related to the public safety exception is the rescue doctrine. A Miranda admonishment need not impede questions to save a victim from potential death or serious injury. Further exceptions are when a suspect who has invoked Miranda rights clearly and unequivocally reinitiates questioning, when the police release the suspect from custody, and when in-custody suspects invoke their right to remain silent and not any other right. A final exception occurs when suspects try to invoke their rights under the Miranda decision before the point in time when they are both in custody and an interrogation is either in progress or is imminent. Courts recognize these exceptions to Miranda. Police officers can use them when the opportunity arises, because using them does not involve anything illegal, unethical, or improper. Illustrations