MBE Rules · Criminal Procedure

Miranda — public safety exception

New York v. Quarles

The rule

Police may question a suspect in custody without first giving Miranda warnings when the questioning is reasonably prompted by an objectively reasonable concern for public safety (e.g., locating a discarded weapon). Statements and physical fruits are admissible in the case-in-chief.

In plain English

When immediate danger to officers or the public exists, protecting life trumps the prophylactic Miranda rule. The exception is narrow and tied to the emergency.

Memory hook

Quarles = 'Where's the gun?'

How examiners test it

Officer chases armed suspect into store, cuffs him, asks 'where's the gun?' before Mirandizing — answer and gun admissible.

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