Miranda Warnings and the Public Safety Exception*
MIRANDA WARNINGS
When Miranda Warnings must be given:
1. Miranda Warnings must be given prior to any questioning if you have Custodial Interrogation by Authorities (CIA)**:
Custody – Custody involves a significant deprivation of freedom of movement and occurs when a person is not free to leave. Orozco v. Texas 394 Us. 324 (1969)
Interrogation – Interrogation includes not only questioning by express words, but by any words or actions that police should know are reasonably likely to elicit an incriminating response. Rhode Island v. Innis 446 U.S. 291 (1980).
Authorities – Only government agents are authorities and required to advise a suspect of his Miranda rights. However, if the seizure or questioning was instigated or closely supervised by the police, then this might constitute sufficient state involvement requiring Miranda warnings.
** All 3 must be present to require Miranda Warnings.
PUBLIC SAFETY EXCEPTION
Under the Public Safety Exception:
1. The police may ask questions, of a suspect who is in custody, without first giving Miranda warnings when an imminent threat to public safety exists, such as a loaded gun in a public place, a bomb, a missing kidnap victim, or a victim being held hostage. New York v. Quarles, 467 U.S. 649 (l984).
2. The public safety exception can be applied when the concern is for an individual and not just the public; where an individual’s life is at stake. Some courts have referred to concern of an individual as opposed to the public as the “Rescue Doctrine” or the “Emergency Exception.”
Public Safety Exception example:
The police were stopped by a woman who had just been raped and advised that the perpetrator had run into a nearby supermarket. Upon entering the supermarket the suspect fitting the perpetrator’s description, fled to the back of the store. Upon confronting and frisking the suspect, who was wearing an empty shoulder holster, the arresting officer asked:
“Where is the gun?” without administering Miranda warnings. The suspect pointed to a carton and stated, “Over there.”
The statement and the gun were deemed admissible. New York v. Quarles, supra.
*The above is only a small portion of a presentation that I gave earlier this year on Miranda Warnings. I do not claim to be a Miranda expert, but I do believe the above provides a basic explanation of the Public Safety Exception to Miranda Warnings.
The Law Firm of Vaughn & Weber, PLLC, can be reached at (516) 858-2620.
The Program
Fannie Mae and Freddie Mac will offer a simplified loan modification process. Beginning July 01, 2013, servicers will be required to offer borrowers who are at least 90 days, but not more than 24 months, delinquent on their mortgage a trial modification without requiring financial or hardship documentation.
If the homeowner makes three timely trial modification mortgage payments, their mortgage will be permanently modified. Additionally, homeowners who provide documentation of their finances and hardship could receive “a modification with additional savings.”
The Eligibility Requirements:
Our View
This appears to be a good initial program. This program has the potential to help many homeowners avoid foreclosure. While much remains to be seen, we do like the following aspects of the program:
- No documentation- Many of our clients get frustrated and exasperated by the constant requests to provide the same documents over and over again.
- No action required- Servicers will contact the homeowners directly. Homeowners will not have to hire a third-party to help them with the loan modification (equals more savings for the homeowner).
- Length of trial modification- Three months is a reasonable amount of time. We have seen some trial modification go on for 6 months or more (this can be very stressful for the homeowner).
- Investment properties are eligible.
Read the full press release here.
We are here to assist you! Call (516) 858-2620 to schedule an appointment with The Law Firm of Vaughn & Weber, PLLC.
Are Joint Bank Accounts Good or Bad?
It depends!
Estate Planning
Joint bank accounts can be good from an estate planning perspective. Upon the death of one of the joint owners, the funds in the account automatically pass to the surviving account holder by operation of law.
Bankruptcy
Joint bank accounts can be a problem when it comes to filing bankruptcy. The monies in the joint account are considered fully owned by each person named on the account. Therefore, the joint account holder who files bankruptcy may be required to exempt all funds in the joint bank account, or risk losing a portion of those funds to creditors.
Note: Your specific situation may bring forth additional concerns about, and/or benefits to having a joint bank account. It is always good to get information and/or guidance pertaining to your specific situation.
We are here to assist you! Call (516) 858-2620 to schedule an appointment.
The Law Firm of Vaughn & Weber, PLLC.
Hotline to help New Yorkers with insurance issues from Hurricane Sandy
Governor Andrew M. Cuomo today announced that the Department of Financial Services disaster hotline to help New Yorkers with insurance issues from Hurricane Sandy will now be open 24 hours a day, seven days a week starting today. The hotline, at 800-339-1759, can answer insurance related storm questions and help consumers file complaints. It has been open from 8 a.m. to 8 p.m. weekdays and 9 a.m. to 4 p.m. on weekends since immediately after Storm Sandy.
Read the full press release here.
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