Ep. #287: What is the public safety exception?

📌 Miranda warnings are not required if you’re asking legitimate public safety questions. The safety concern must be something that is pressing, and will likely cause substantial bodily harm or death.

Stay away from “why” type questions since that has to do with motive, not public safety. “Why” questions usually violate Miranda. Also, remember that a suspect’s answers to public safety questions may be used against him in court.

Legal Standard

An in-custody suspect may be interrogated without Miranda if:
🔻 You ask about legitimate public safety concerns (e.g. Where did you toss the gun near the school?);
🔻 You do not ask “why” type questions, but instead focus on pressing public safety concerns;
🔻 Once the public safety questions have been handled, Miranda will be required for further questioning.

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