Legal Definitions - public-safety exception

The public-safety exception is a specific rule in evidence law that allows police to ask questions of a suspect without first providing Miranda warnings (the right to remain silent and the right to an attorney) if there is an immediate and urgent threat to public safety.

Ordinarily, if police question a suspect who is in custody without first reading them their Miranda rights, any statements made by the suspect cannot be used as evidence in court. However, this exception recognizes that sometimes the need to protect the public from immediate harm outweighs the need to provide Miranda warnings before asking questions directly related to that threat. The questions asked must be narrowly tailored to address the public safety concern, not to gather general incriminating evidence.

Here are some examples illustrating the public-safety exception:

• Bomb Threat Scenario: Police apprehend a suspect who is believed to have planted an explosive device in a crowded urban area. Before reading the suspect their Miranda rights, officers immediately ask, "Where is the bomb?"

  Explanation: The suspect's answer, even though given before Miranda warnings, would likely be admissible in court under the public-safety exception. The officers' primary motivation for asking the question was not to gather evidence for prosecution, but to locate and neutralize an immediate and severe threat to countless lives in the public space.

• Dangerous Chemical Release: Law enforcement arrests an individual suspected of tampering with hazardous materials at a chemical plant, leading to a potential leak. Without delay, and before administering Miranda warnings, an officer asks, "Are there any immediate hazards in the plant that could harm the community, and where are they located?"

  Explanation: This situation falls under the public-safety exception because the police are acting to prevent widespread environmental contamination or health risks to the surrounding population. The questions are focused on mitigating an urgent danger, making any responsive statements admissible despite the lack of prior Miranda warnings.

• Contagious Disease Exposure: A suspect is apprehended after claiming to have intentionally exposed themselves to a highly contagious and dangerous pathogen and then visited several public venues. Before providing Miranda warnings, officers ask, "Which specific locations did you visit after exposure, and when?"

  Explanation: The public-safety exception would apply here because the police are attempting to identify potential exposure sites to prevent a public health crisis and warn individuals who might have been exposed. The questions are directly aimed at protecting the public from an immediate and serious health threat, not primarily at building a criminal case.