Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: "detained for questioning" in Guthrie case? [View all]TommyT139
(2,263 posts)22. Talking head on MSNBC
As it happens there is an exception: when there is a life in danger, police can question without an arrest and without Mirandizing. He referred to it as a "Quarrels exception" (spelling from the closed captioning).
Update: "Quarles exception"
https://en.wikipedia.org/wiki/New_York_v._Quarles
"New York v. Quarles, 467 U.S. 649 (1984), was a decision by the United States Supreme Court regarding the public safety exception to the normal Fifth Amendment requirements of the Miranda warning."
Edit history
Please sign in to view edit histories.
Recommendations
1 members have recommended this reply (displayed in chronological order):
44 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
Quarles is an exception to Miranda warnings, not the requirement to arrest someone for questioning
Jersey Devil
Tuesday
#27
oh i know. i was either arrested or illegally detained. but they insisted i wasnt under arrest.
mopinko
Tuesday
#19
Why would you conflate the ability to sue or the right to a remedy with "cannot be detained without arrest"
Ilikepurple
Yesterday
#35
Obviously unlawful detention exists. If there was no such thing, we wouldn't need its associated due process right.
Ilikepurple
Tuesday
#21
Police release man detained in connection to Nancy Guthrie disappearance
muriel_volestrangler
Yesterday
#40
