Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

Purveyor

(29,876 posts)
Thu Apr 25, 2013, 05:52 PM Apr 2013

Legal Issues Surround Boston Suspect's Questioning

Source: Associated Press

WASHINGTON (AP) -- The hospital-room questioning of the surviving suspect in the Boston Marathon bombings is generating concern about whether he should have been interrogated without first being told of his constitutional rights to silence and a lawyer - and, conversely, whether federal agents actually should have had more time with him before he was read his rights.

Dzhokhar Tsarnaev faced 16 hours of questioning before he was advised of his Miranda rights, and investigators say he told them of his role in the two bombings near the Boston Marathon finish line on April 15. He explained that he and his brother, Tamerlan, were angry about the U.S. wars in Afghanistan and Iraq and the killing of Muslims there, officials said.

He also described a spur-of-the-moment plan that the brothers hatched to drive to New York and set off their remaining explosives there, New York City officials said Thursday.

In Boston, federal agents invoked an exception to the Miranda warnings that allows for questioning when public safety may be threatened. But they knew their time with Tsarnaev in the absence of a lawyer would be limited.

Read more: http://hosted.ap.org/dynamic/stories/U/US_BOSTON_MARATHON_MIRANDA_WARNING?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2013-04-25-17-40-29

2 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Legal Issues Surround Boston Suspect's Questioning (Original Post) Purveyor Apr 2013 OP
Before hand-wringing gets too far cleduc Apr 2013 #1
Thank God they did not make it to NY. graham4anything Apr 2013 #2
 

cleduc

(653 posts)
1. Before hand-wringing gets too far
Thu Apr 25, 2013, 06:29 PM
Apr 2013

Last edited Thu Apr 25, 2013, 07:14 PM - Edit history (1)

FBI: The "Public Safety" Exception to Miranda
http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest

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.


Some of what he said is likely to be admissible.

16 hours worth of discussion? I think it's fair to wonder about the possibility of having some limits to that - where they've passed the threshold of questioning about public safety concerns before those 16 hours were up. With him unable to speak, they'd probably get some latitude and some time to assess his truthfulness. It's bound to be something argued about if it's introduced at a trial. But I suspect at least some of his testimony would survive.
 

graham4anything

(11,464 posts)
2. Thank God they did not make it to NY.
Thu Apr 25, 2013, 06:32 PM
Apr 2013

Though the chances they would have been successful would have been very slim getting through unnoticed with NY cops/security and the extra security as NYC was on high alert after the marathan so I doubt they would have even been able to enter the city itself on the bridges/tunnels/roads, but if they did what they did in Boston, there are a higher concentration of people in the area and it could have affected many more especially if it was around lunch time.

One thing at the marathan was that the street itself only had the runners in motion and the people lined the street.And Broadway between 42-47 is closed to cars, but 7th is right next to Broadway with many cars at all times during that time period and if they started exploding it could have caused many broken windows injuring more.

Thank God they were caught.

Latest Discussions»Latest Breaking News»Legal Issues Surround Bos...