It seems there has developed an exception to the Miranda rule that is now being used in regard to those detained under suspicion of being tied to terrorists. The New York v. Quarles Supreme Court case from 1984 establishes the exception of "public safety". In the above case the police chase a man suspected of rape and believe him to be armed. When he is captured the defendant was wearing a sholder holster but it was empty. The police asked him where the gun was and the defendant indicated its location; the gun was found. The police then mirandized him. At trial the defendant argues that the gun can not be used as evidence due to the lack of proper administration of miranda. The trial court, the Appellete Court of the NY Supreme Court and the NY Court of Appeals all agree that the gun should be excluded. The case is appealled to the US Supreme Court and the lower courts are reversed. The high court holds that a "concern for public safety (being) paramount" the police action is finding the gun should be allowed. This ruling was 6 to 3..
(Source: online at "Justia.com US Supreme Court Center" on 5/10/10).
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