CRS – Terrorism, Miranda, and Related Matters

by Sabrina I. Pacifici on April 29, 2013

Terrorism, Miranda, and Related Matters. Charles Doyle, Senior Specialist in American Public Law. April 24, 2013

  • “The Fifth Amendment to the United States Constitution provides in part that “No person … shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.” In Miranda v. Arizona, the Supreme Court declared that statements of an accused, given during a custodial interrogation, could not be introduced in evidence in criminal proceedings against him, unless he were first advised of his rights and waived them. In Dickerson v. United States, the Court held that the Miranda exclusionary rule was constitutionally grounded and could not be replaced by a statutory provision making all voluntary confessions admissible. In
    New York v. Quarles, the Court recognized a “limited” “public safety” exception to Miranda, but has not defined the exception further. The lower federal courts have construed the exception narrowly in cases involving unwarned statements concerning the location of a weapon possibly at hand at the time of an arrest.”
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