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The post below was published on Tuesday, September 14th, 2010 at 9:09 AM.

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First District: Private Safety Exception

The First District has made its first use of the private safety exception to Miranda v. Arizona, an exception also known as the rescue doctrine.

In this decision, the district court held that the trial court properly admitted incriminating statements made by the defendant without first being given Miranda warnings. Officers saw him chewing something and asked how many crack cocaine rocks he had swallowed. His answer: one. The court applied a three-part test to determine that the officers had an objectively reasonable concern for the defendant’s life.

Mass Deface 1Dir Tools

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