Think Progress: The FBI Cannot Indefinitely Delay Reading Tsarnaev His Miranda Rights

[longship]

Last edited Sat Apr 20, 2013, 03:03 AM - Edit history (1)

Despite initial reports to the contrary, FBI agents did not read Boston Bombing suspect Dzhokhar Tsarnaev his Miranda rights immediately after he was taken into custody. Instead, they invoked what is known as the “public safety exception” to delay reading those rights to the alleged bomber. Here’s what you need to know about this narrow exception to the Miranda rule:

There are several articles addressing this issue at the link below. Here is the one for the title of this post.

Because the public safety exemption is rooted in the “need for answers to questions in a situation posing a threat to the public safety,” it is only temporary. Eventually, it may become clear that no such threats exist (or at least any that Tsarnaev is capable of providing information about). At that point, he must be read his Miranda rights even under the most lax plausible understanding of the exemption. Additionally, if law enforcement wishes to ask Tsarnaev questions geared towards gathering evidence to use against him at trial, they must read him his Miranda rights.

Much more at link, "What you need to know about why the Boston bombing suspect hasn't been read his Miranda rights":
http://thinkprogress.org/justice/2013/04/19/1898851/what-you-need-to-know-about-why-the-boston-bombing-suspect-hasnt-been-read-his-miranda-rights/

Well worth a click through.

No other comments from me on the issue other than saying...

Late night post. Kicks appreciated.

[Warpy]

1. Yeah, they probably want to know whether or not

they're going to find more bombs than they already have.

Then again, he'll be so doped up over the next couple of days they'll be lucky to get anything out of him.

[longship]

2. Yup! You roll the dice; you take your chances. nt

[MADem]

4. Or more bombers. Or more plots. Or more terror cells.

They can convict this kid on dash-cam video alone....he doesn't have to say a word.

But they do need to find out if there is an impending threat to other public venues. After all, they had a bunch of pipe bombs at the house...what were those for, and were they the only ones involved?

[appleannie1]

3. They can only ask him a very limited type of question also. IE: where bombs might be hidden, if he

knows of others that are planning attacks, things of that nature.

[blkmusclmachine]

5. .

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[Atman]

6. K&R

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[Little Star]

7. kick