Exceptions
Assuming that the six factors are present, the Miranda rule would apply unless the prosecution can establish that the statement falls within an exception to the Miranda rule. The three exceptions are (1) the routine booking question exception (2) the jail house informant exception and (3) the public safety exception. Arguably only the last is a true exception–the first two can better be viewed as consistent with the Miranda factors. For example, questions that are routinely asked as part of the administrative process of arrest and custodial commitment are not considered "interrogation" under Miranda because they are not intended or likely to produce incriminating responses. Nonetheless, all three circumstances are treated as exceptions to the rule. The jail house informant exception applies to situations where the suspect does not know that he is speaking to a state-agent; either a police officer posing as a fellow inmate, a cellmate working as an agent for the state or a family member or friend who has agreed to cooperate with the state in obtaining incriminating information. The window of opportunity for the exception is small. Once the suspect is formally charged, the Sixth Amendment right to counsel would attach and surreptitious interrogation would be prohibited. The public safety exception applies where circumstances present a clear and present danger to the public's safety and the officers have reason to believe that the suspect has information that can end the emergency.
Read more about this topic: Miranda Warning
Famous quotes containing the word exceptions:
“For true poetry, complete poetry, consists in the harmony of contraries. Hence, it is time to say aloud—and it is here above all that exceptions prove the rule—that everything that exists in nature exists in art.”
—Victor Hugo (1802–1885)
“Skepticism is unbelief in cause and effect. A man does not see, that, as he eats, so he thinks: as he deals, so he is, and so he appears; he does not see that his son is the son of his thoughts and of his actions; that fortunes are not exceptions but fruits; that relation and connection are not somewhere and sometimes, but everywhere and always; no miscellany, no exemption, no anomaly,—but method, and an even web; and what comes out, that was put in.”
—Ralph Waldo Emerson (1803–1882)