Legal Issues Surround Boston Suspect's Questioning

[cleduc]

1. Before hand-wringing gets too far

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.