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Examples
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I think Miranda ought to be overruled, but the invocation of the “public safety exception” without looking to the actual reasoning in Quarles is problematic.
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The worst part about Quarles is that apparently he was a rapist too, but NY only charged him with illegal possession of a gun.
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Signing Lattimore and fellow Parade All-American defensive lineman Kelcy Quarles is a big boost to a program that lost some of its momentum with a flat performance in a bowl loss to UConn.
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As the dissent points out, the results in Quarles and other cases are not logically consistent with the conclusion that Miranda announces a constitutional requirement.
The Volokh Conspiracy » Legislating Miranda Rights for Terrorism Cases? 2010
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I think the dissent had it right in Quarles: The exceptions are leading to a miasma of subtle (and fact-based) distinctions where no such facts are really known to the officers at the time with any certainty.
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Orin, the “public safety exception” outlined in Quarles doesn’t seem to fit well with detailed questioning after apprehension.
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Thus, in Quarles it concluded that the “need for answers to questions in a situation posing a threat to the public safety outweighs the need for the prophylactic rule protecting the Fifth Amendment’s privilege against self-incrimination.”
The Volokh Conspiracy » Legislating Miranda Rights for Terrorism Cases? 2010
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Seems like it fits pretty well within Quarles, if that’s what they were asking about.
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The public safety exception comes from a case called Quarles that dealt with a
TPMMuckraker 2010
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Johnson later called Quarles and said, "It's done," according to police reports.
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