Legal Opinion
People v. Swoboda
Criminal Court of the City of New York
Decided January 24, 2002PublishedCited by 2 opinions
1Opinion of the Court
*215OPINION OF THE COURT
Charles J. Markey, J.
The major legal issue presented by this case is whether the court should employ the “public safety exception” to the Miranda rule, enunciated in New York v Quarles (467 US 649 [1984]), in deciding whether or not to suppress defendant Laura Swoboda’s statements concerning the whereabouts of her baby who had been missing for 11 days. If the “public safety” exception is not squarely applicable, the next issue is whether or not this court should adopt a “rescue doctrine/private safety exception” regarding the mother’s pre-Miranda statements.
Defendants…
2Cases cited23 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Dunaway v. New YorkSupreme Court of the United States · 1979
- New York v. QuarlesSupreme Court of the United States · 1984
- People v. MayfieldCalifornia Supreme Court · 1997
- People v. KromNew York Court of Appeals · 1984
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3Cited by2 opinions
- People v. DavisCalifornia Supreme Court · 2009
- State v. LondoCourt of Appeals of Arizona · 2006