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eggplant

(3,919 posts)

12. He's still entitled to remain silent

Sat Apr 20, 2013, 08:27 PM

Apr 2013

"Miranda" is where, if the suspect tells the cops something prior to being *told* their rights (not *given* their rights) then it is inadmissable in court. For starters, I imagine that there is already more than enough evidence (prior to capturing him) that will convict him, so I'm not worried that the state will lose admissability of any pertinant evitence against him.

The idea behind the delay is to try to get him to cough up information about other people or events before he "remains silent" or has an attorney to advise him. The exception allows anything they find (related to immediate public danger) to still be used against him. That is, it wouldn't be subject to exclusion by Miranda. This isn't anything new in the law -- the exception for public safety has been in place for a while.

It's a procedural gambit by the state, but it is a perfectly legitimate tactic to try to find out if there are other bad guys out there.

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Public defenders will represent Boston bomb suspect [View all] DonViejo Apr 2013 OP

I certainly hope so. Someone has to, otherwise the system is a fraud. enough Apr 2013 #1

+1. nt awoke_in_2003 Apr 2013 #33

Is this not very disturbing...... MAD Dave Apr 2013 #2

There's been a lot of discussion about it on DU -- gateley Apr 2013 #4

Does the window (IIRC, 48 hours) start when he was taken into custody, City Lights Apr 2013 #8

I don't know, but I also heard it can be flexible. Not to the extreme -- gateley Apr 2013 #9

Yeah, it wouldn't make sense to start the clock if he was unable to talk. nt City Lights Apr 2013 #13

for 50 mins only its an American national security thing- after 9/11 many new laws in 10 days . Sunlei Apr 2013 #5

HIPAA rules prevent disclosure of his medical info Yo_Mama Apr 2013 #30

thank you for the link to the law.. Sunlei Apr 2013 #31

If he knows of other bombs Control-Z Apr 2013 #6

He's still entitled to remain silent eggplant Apr 2013 #12

In Canada you don't have a right to legal counsel while being interrogated. Leslie Valley Apr 2013 #11

Canada practices rather open entrapment, and it's completely legal alcibiades_mystery Apr 2013 #17

I knew this.... MAD Dave Apr 2013 #26

I recall being assigned to the UK in the early 1980s. During our in-processing, base legal told 24601 Apr 2013 #32

ACLU reminds us that even in difficult times we must not waiver from a tried and true justice midnight Apr 2013 #28

John Adams lobodons Apr 2013 #3

Adams gets more credit than your post might imply. Jim Lane Apr 2013 #23

I think that some publicity hound type defense attorney will end up taking the case. olddad56 Apr 2013 #7

Thankfully it probably won't be Gloria Allred. :-) gateley Apr 2013 #10

He can remain silent.... LovingA2andMI Apr 2013 #14

Really? Why isn't JimDandy Apr 2013 #15

There are no better attorneys than Federal Public Defenders for a case like this. rug Apr 2013 #16

True dat . . . fleur-de-lisa Apr 2013 #18

there might also be a vehicular manslaughter charge against him..... lastlib Apr 2013 #22

Good point . . . I hope so. fleur-de-lisa Apr 2013 #24

Attornies do things John2 Apr 2013 #29

What? No high profile attention seeker wants the case?? Go figure. kestrel91316 Apr 2013 #19

Some high-profile attorney will pop up JustABozoOnThisBus Apr 2013 #20

Paging Bobby Donnell . . . Nt geek tragedy Apr 2013 #21

K&R Solly Mack Apr 2013 #25

Good. If we are to treat him equally... MOTRDemocrat Apr 2013 #27