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Legal Definitions - public-safety exception

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Definition of public-safety exception

The public-safety exception is a legal rule that allows law enforcement officers to use a suspect's statement as evidence in court, even if the statement was made without the suspect being read their Miranda rights. This exception applies when the police need information to protect the public from immediate danger.

If a suspect is arrested for a bomb threat and the police believe that there may be other bombs in the area, they can ask the suspect where the other bombs are located without reading them their Miranda rights. If the suspect tells the police where the bombs are, that statement can be used as evidence in court, even if the suspect was not read their Miranda rights.

Another example is if a victim tells the police that an assailant had a gun, and upon the suspect's arrest the police find a holster but no gun, they would be immediately entitled to ask where the gun is. Under the public-safety exception, the suspect's statement of the gun's location would be admissible.

These examples illustrate how the public-safety exception allows law enforcement officers to gather information quickly in order to protect the public from immediate danger, without worrying about whether or not the suspect has been read their Miranda rights.

The difference between ordinary and extraordinary is practice.

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Simple Definition

Public-Safety Exception: A rule that allows the police to use a statement made by a suspect, even if it would normally be thrown out, if the statement is needed to protect the public. For example, if the police arrest someone and think they have a gun, but can't find it, they can ask the suspect where it is to keep people safe. The suspect's answer can be used in court because of the public-safety exception.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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