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When is it permissible for an officer to question a suspect about the location of a weapon without providing a Miranda warning and waiver?

1) When there is an objectively reasonable need for the officer to protect himself or the public from immediate danger associated with weapons
2) When the suspect is known to be armed and dangerous
3) When the officer has a search warrant specifically authorizing the search for weapons
4) When the suspect has already been arrested for a weapons-related offense

User SimonL
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1 Answer

7 votes

Final answer:

An officer can question a suspect about the location of a weapon without providing a Miranda warning in a situation where there is an objectively reasonable need to protect the officer or public from immediate danger, known as the public safety exception. The correct option is (1).

Step-by-step explanation:

The question is about when it is permissible for an officer to question a suspect about the location of a weapon without providing a Miranda warning and waiver. According to Terry v. Ohio, police may stop a person if they have a reasonable suspicion that the person has committed or is about to commit a crime and frisk the suspect for weapons if they have a reasonable suspicion that the suspect is armed and dangerous without violating the Fourth Amendment. In such a scenario, the officer's need to protect themselves or the public from immediate danger permits a limited search for weapons, even without a Miranda warning.

Option 1) When there is an objectively reasonable need for the officer to protect himself or the public from immediate danger associated with weapons, is correct; this is known as the public safety exception to the Miranda requirement. The other options listed, although potentially relevant to searches and arrests, do not inherently negate the requirement for a Miranda warning prior to interrogation about the location of a weapon. A Miranda warning is generally required unless an immediate risk to safety is present, even if the suspect is known to be armed and dangerous (Option 2), the officer has a search warrant (Option 3), or the suspect has been arrested for a weapons-related offense (Option 4).

User Lewsid
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