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Arrest Without Miranda Rights In Bronx
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State:
Multi-State
County:
Bronx
Control #:
US-000280
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FAQ
Miranda rights typically do not apply during a stop and frisk, since these stops and searches are usually conducted before performing an arrest.
Miranda warnings are not required when the suspect is unaware that they are speaking to a law enforcement officer and gives a voluntary statement.
Nonetheless, there are two exceptions to the required Miranda warnings for an in-custody suspect. The first is called the “rescue doctrine” exception and the second is called the “public safety” exception.
Quarles, 467 U.S. 649 (1984), that there is also a "public safety" exception to the requirement that Miranda warnings be given before questioning; for example, if the defendant is in possession of information regarding the location of an unattended gun or there are other similar exigent circumstances that require ...
If the suspect responds "no" to the first question, the officer is required to re-read the Miranda warning, while saying "no" to the second question invokes the right at that moment; in either case the interviewing officer or officers cannot question the suspect until the rights are waived.
Nonetheless, there are two exceptions to the required Miranda warnings for an in-custody suspect. The first is called the “rescue doctrine” exception and the second is called the “public safety” exception.