This approach is problematic: "Using the doctrine to justify questioning suspects in non-emergency situations amounts to a deliberate end-run around the Miranda rule
265) That, concluded the court, would improperly "allow the public safety exception to swallow the Miranda rule
630, 639 (2004) (plurality opinion) ("[T]he Miranda rule
creates a presumption of coercion, in the absence of specific warnings, that is generally irrebuttable for purposes of the prosecutor's case in chief.
significant tolerance for tailoring the impact of the Miranda rule
71) He observed that the Court had, through its narrowing of the doctrine, "reduced the impact of the Miranda rule
on legitimate law enforcement.
That involved the Justice Department's decision to invoke a "public safety exception" to the Miranda rule
, which requires law enforcement officials to advise suspects of their right to remain silent and to be represented by an attorney.
ACLU executive director Anthony Romero said the legal exception applies only when there is a continued threat to public safety and is "not an open-ended exception" to the Miranda rule
Anthony Romero, executive director of the American Civil Liberties Union, criticised the plan to withhold the suspect's rights, saying there was "not an open-ended exception" to the Miranda rule
Quarles, the Court later held that the Miranda rule
29) As he put it: "It]he disadvantage of the Miranda rule
is that statements which may be by no means involuntary, made by a defendant who is aware of his 'rights,' may nonetheless be excluded and a guilty defendant go free as a result.
To understand the detours and dead-ends that took place during this past half-century, it is useful to divide this period into three segments: (A) the pre-Miranda era, when the central constitutional constraint on police interrogations of juveniles was the due process doctrine of involuntariness; (B) the period that began with the issuance of Miranda in 1966 and culminated with the Supreme Court's issuance of a decision in 1979 (15) clarifying the operation of the Miranda rule
in juvenile cases; and (C) the period from 1979 until the Court's issuance of its two rulings on the subject of Miranda "custody" in juvenile cases--Yarborough v.
The Supreme Court then proceeded to determine whether the Miranda rule
was implicated in this case and agreed with the New York Court of Appeals that it was.