Boston Marathon Bombing Suspect Will Not Receive Miranda Rights

Discussion in 'Freedom and Liberty' started by tulianr, Apr 19, 2013.


  1. tulianr

    tulianr Don Quixote de la Monkey

    Justice Official: Boston Marathon Bombing Suspect Will Not Receive Miranda Rights

    A Justice Department official says the Boston Marathon bombing suspect will not be read his Miranda rights because the government is invoking a public safety exception.

    That official and a second person briefed on the investigation says 19-year-old Dzhokhar Tsarnaev will be questioned by a special interrogation team for high-value suspects. The officials spoke on the condition of anonymity because they weren't authorized to disclose the information publicly.

    The public safety exception permits law enforcement officials to engage in a limited and focused unwarned interrogation of a suspect and allows the government to introduce the statement as evidence in court.

    The public safety exception is triggered when police officers have an objectively reasonable need to protect the police or the public from immediate danger.

    Family Of 8-Year Old Bombing Victim Thanks Investigators For Cap - WSPA-TV
     
  2. limpingbear

    limpingbear future cancer survivor....

    Even so....his lawyer is going to have a field day with this one. Unless of course he has an accident or commits suicide before going to trial. I wonder if they will try to hang the "enemy combatant" label on him and ship him to Gitmo. I have never heard of a public exception to Miranda rights before. Is this a state or a federal thing?
     
  3. VisuTrac

    VisuTrac Ваша мать носит военные ботинки Site Supporter+++

    FBI — The “Public Safety” Exception to Miranda

    lots of text the the document but it ends with this.

    CONCLUSION
    The "public safety" exception to Miranda is a powerful tool with a modern application for law enforcement. When police officers are confronted by a concern for public safety, Miranda warnings need not be provided prior to asking questions directed at neutralizing an imminent threat, and voluntary statements made in response to such narrowly tailored questions can be admitted at trial. Once the questions turn from those designed to resolve the concern for safety to questions designed solely to elicit incriminating statements, the questioning falls outside the scope of the exception and within the traditional rules of Miranda.
     
  4. VisuTrac

    VisuTrac Ваша мать носит военные ботинки Site Supporter+++

    I think miranda comes back into play after the rubber hose is put away.

    but during miranda questioning i think they can mention they will bring the rubber hose back out. Usually is enough to make the subject compliant.
     
  5. limpingbear

    limpingbear future cancer survivor....

    I just googled it, and apparently Holders DOJ took that 1984 supreme court ruling and with no guidance took it upon themselves to expand upon it. Now as long as they invoke the public safety clause they can ask whatever they want with no Miranda given. There is no more narrow scope to the questions...
     
  6. Yard Dart

    Yard Dart Vigilant Monkey..... Moderator Site Supporter++

    He was made an American citizen last year so they can not declare him an enemy combatant as far as I know. He will be held in solitary confinement and charged with many counts, and at some point he will declare mental instability ... this will drag out a long time. I pray tonight that the bugger dies of his wounds and closes this chapter.... my opinion only... it will speed the recovery of shock to the community vs Holder dragging this thing on for the next couple of years.

    By the by, why are we doing an emergency deportation of the Arab (suspect #1)- I heard Glenn Beck saying this is a bad guy that the .gov wants out of the country ASAP- WHY???
     
  7. limpingbear

    limpingbear future cancer survivor....

    They can always try out the NDAA and have the military work on him for awhile.....see how well that plays out.
    as for the deported guy? no clue.....it is fishy though.
     
    Motomom34 likes this.
  8. Yard Dart

    Yard Dart Vigilant Monkey..... Moderator Site Supporter++

    I heard they may be tracking another individual or two- any one heard anything more in this regard?
     
  9. kellory

    kellory An unemployed Jester, is nobody's fool. Banned

    First off, That site is annoying. every time I was reading one of the stories, it would auto update to the top of the page AGAIN. did that like 6 times. very annoying when dealing with repetitive information, as it takes time to recover where you left off.
    second, where is the "immediate public threat" that allows for the exemption to Miranda? Is there some time bomb waiting to go off that we have not been told of? someone buried alive? kidnap victims with a knife to their throats? One dead, one paralyzed, and one sent home. Without the threat of more violence, there is no justification for this action concerning Miranda.:( (as a citizen, even a terrorist has Rights)
     
    Donldson, Pax Mentis and tulianr like this.
  10. VisuTrac

    VisuTrac Ваша мать носит военные ботинки Site Supporter+++

    Rubber Hose don't respect Miranda in the morning.
     
    tulianr likes this.
  11. VHestin

    VHestin Farm Chick

    It seems to me that the wording of the 'exception' to Miranda rights in itself nullifies the whole thing. If they're questioning someone who is a threat to public safety, then it seems to me anything they say will be incriminating themselves, which is in violation of the 5th Amendment, and being now that he is an American citizen, the Feds better be mighty careful, because given that the majority of Americans do not support him(there are always screwups who will), the majority of Americans DO support Constitutional rights, regardless of who is invoking them.
     
    BTPost, Yard Dart and Quigley_Sharps like this.
  12. BTPost

    BTPost Old Fart Snow Monkey Moderator

    The have him "Red Handed" placing the Second Device.... So even if he gets Clarence Darrow as a Defense Lawyer, He will be convicted.... UNLESS, these Federal Prosecutors mess around with his Constitutional Rights... They had better keep themselves on STRONG Legal Grounds, 100% of the Time, or they will get themselves in very BIG Trouble, with the Courts, during the Appeal Process....
     
    Donldson likes this.
  13. ghrit

    ghrit Ambulatory anachronism Administrator Founding Member

    He will be convicted if he manages to survive his current and possibly future wounds. The Miranda exception is being invoked to attempt to find out if there are any sleeper cohorts out there. All the same, were I him, I'd shut my pie hole without a mouthpiece present. As a naturalized citizen, he should already know his rights to counsel; if he doesn't, he wasn't paying attention in class.
     
  14. Silversnake

    Silversnake Silverback

    This will be a case to establish precedence on totalitarian legal measures. The martial law that was imposed on Boston without being declared, Miranda rights denied, special interrogation techniques. This whole thing may have been done just to allow the precedence on an American citizen who is uniformly hated.
     
  15. VHestin

    VHestin Farm Chick

    Yeah and I'm sure while he's receiving medical care for his wounds, he won't be injected with anything but medicine...
     
  16. Motomom34

    Motomom34 Moderator Moderator Site Supporter++

    As I heard it they have 48 hours to question him regarding imminent threat. They can use what is said during these 48 hours in the court room also. I am sure they didn't teach that in citizenship class. Now what I have issue with is that the FBI was tipped about the older brother two years prior. They checked him out and he pass the smell test. They found he wasn't a threat. Seems to me the older brother was the perfect definition of a sleeper agent/cell. Having said that, I don't have much confidence in the FBI to identify future sleeper cells. It seems the FBI got a tip checked it out, case closed. The FBI will stalk/harass American citizens for years but wrap up and close an alleged terrorist case lickety split. Just doesn't make sense.
     
  17. tacmotusn

    tacmotusn Mosquito Sailor

    I will probably make no friends with my following statements. ...... Oh well. 1st off yes I believe they got this scumbag dead to rights dirty handed, and he is only alive because they wanted (rightly so) to milk this a$$hole dry of any info about other possible terrorists. HE IS LIVING ON BORROWED TIME. 2ndly, I have stated quite clearly many times in the past I do not consider "water boarding" to be torture. (many of you disagree with this, as well as if ever it should be applied) (we will have to agree to disagree on this point. You will not change and neither will I). When it comes to enemy combatants (domestic or foriegn), and if the evidence is so damning as to preclude innocence, and quite possibly many other lives are at risk, I have no problem with the authorities using some sort of (quasi legal) loophole as means to lie to this a$$hole for the first hour before reading him his rights. Nor do I care if they disappear his guilty butt for awhile to do some extraordinary questioning.
    .
    BTW. if and when the SHTF, you can bet your sweet behinds that many nice guarantees if civilty and your rights will go out the window until law, order, and some reformation of national government has been universally reestablished. Don't think for a minute that anyone captured is going to just shut their mouth and be allowed to demand a lawyer and civil treatment. Anyone captured will be milked dry of any info they have. Anything they know will have to be considered compromised. THAT IS A FACT !!!
     
    tulianr likes this.
  18. tacmotusn

    tacmotusn Mosquito Sailor

    In a quick reply to post 16, ....... I heard they only had the 1st hour, prior to having to tell him his Miranda rights.
     
  19. Motomom34

    Motomom34 Moderator Moderator Site Supporter++

    Of course you are correct Tac. I have heard too many people that just want this kid dead. I had this disagreement last night. Yes, they have him red handed but it seems this kid has been tried in the media and through public opinion. He is a citizen, thus is entitled to constitutional rights but people want that thrown out in this case. How many people have you heard saying this kid deserves a fair trial or have you just heard people wanting him tortured for info then killed. People don't want to apply the phrase innocent until proven guilty to this kid. This is a scary slippery slope.
     
    ColtCarbine, tulianr and kellory like this.
  20. Motomom34

    Motomom34 Moderator Moderator Site Supporter++

    CBS news.

    His 48 hours are up.
     
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