EK 3.8.A.2

Procedural due process requires that government officials use methods that are not arbitrary when making and carrying out decisions affecting constitutionally protected rights. These procedural due process protections are reinforced by key protections enshrined in other provisions of the Bill of Rights and key legal doctrines established by the Supreme Court. For example, the Miranda rule requires accused persons to be informed of some procedural protections found in the Fifth and Sixth Amendments prior to interrogation. However, these procedural protections are not absolute. A public safety exception has been sanctioned by the Court that allows unwarned interrogation to stand as direct evidence in court.