The following excerpt is from United States v. Moore, 670 F.3d 222 (2nd Cir. 2012):
consider, much less adopt, inasmuch as it was unchallenged by the government on appeal. Nevertheless, undoubted public safety considerations plausibly account for the conduct of the police in a way that militates against finding that the first interview was a premeditated attempt to evade Miranda. See generally Capers, 627 F.3d at 481; id. at 49294 (Trager, J., dissenting); cf. United States v. HernandezHernandez, 384 F.3d 562, 566 (8th Cir.2004) (finding that the failure of the officer to read the defendant his rights does not seem to have been an intentional withholding that was part of a larger nefarious plot. (quoting Reinert v. Larkins, 379 F.3d 76, 91 (3d Cir.2004))).5
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.