No Miranda rights for now for bombing suspect

[happyslug]

18. The "Public Safety Exception" is broad, but it still has its limitations

From the FBI website:

http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest

The Public Safety Exception must relate to some sort of Public Safety concern, NOT anything else. Now, the concern does NOT have to be the primary reason for the questioning (In the case cited above, the concern was about an handgun that the defendant had thrown away, the Police Officers were NOT concerned about their own safety, but the safety of the public in case someone found that pistol and shot themselves with it, that concern was enough for the US Supreme Court).

On the other hand, the exception can only be involved when the safety of the public is concerned. In this case, questions as to location of bombs, bomb material that can explode (i.e. things that can go "boom", like the actual items that exploded in the pressure cooker, not where are any unplugged pressure cookers). Thus the suspect can be questioned about those items without being told their Miranda Rights.

The Public Safety Exception can be seen in the following cases:

NEW YORK v. QUARLES, 467 U.S. 649 (1984) (Which is the same case you cite):
http://www.law.cornell.edu/supremecourt/text/467/649

A more recent 2009 case from the United States Court of Appeals, District of Columbia Circuit.
http://www.leagle.com/xmlResult.aspx?xmldoc=In%20FCO%2020090609139.xml&docbase=CSLWAR3-2007-CURR

I mention the Public Safety Exception AND its limitations to show SOME questioning without giving the Miranda rule is permitted, but only if it relates the Safety of the Public.