Law Commons^™

Quarreling Over Quarles: Limiting The Extension Of The Public Safety Exception, Andrew T. Winkler

Richmond Public Interest Law Review

This article addresses the issue of whether the Quarles public safety exception applies after a suspect invokes his Fifth Amendment right to counsel. Due to the lack of guidance in the Quarles opinion, lower courts have expressed confusion as to whether the public safety exception applies to Edwards. Several courts have extended the exception, including the U.S. Court of Appeals for the Fourth and Ninth Circuits, while some state appellate courts have declined to do so. Part II of this article provides the requisite background for understanding Miranda's Fifth Amendment right to counsel, the Edwards rule, and the Quarles public …