Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature may not be available in some browsers.
ABC news just now
ON EDIT: (took me till 9:43 to get link up)
Boston Bomb Suspect Captured Alive in Backyard Boat - ABC News
A senior Justice Department official told ABC News that federal law enforcement officials are invoking the public safety exception to the Miranda rights, so that Tsarnaev will be questioned immediately without having Miranda rights issued to him.
The federal government's high value detainee interrogation group will be responsible for questioning him.
The Miranda exemption exists to protect the public safety from another attack, according to the official.
He will get his Miranda rights....again and again
And on film
He will get his mirandas before he is questioned. Miranda warnings have nothing to do with arrest. Only questioning. That's why the start out with the right to remain silent.
Oh for Pete's sake.
I guess this is your day to pretend to be an attorney?
You're wrong about this case. maybe you should go back to one of your other professions.
ABC news just now
ON EDIT: (took me till 9:43 to get link up)
Boston Bomb Suspect Captured Alive in Backyard Boat - ABC News
A senior Justice Department official told ABC News that federal law enforcement officials are invoking the public safety exception to the Miranda rights, so that Tsarnaev will be questioned immediately without having Miranda rights issued to him.
The federal government's high value detainee interrogation group will be responsible for questioning him.
The Miranda exemption exists to protect the public safety from another attack, according to the official.
There are no Miranda rights, there is the Miranda Warning.
And Dzhokar Tsaranev still retains his 5th Amendment right to not self-incriminate; he can keep his mouth shut and not say a word to investigators from the outset.
If he should say anything, however, it will still be admissible in court, absent the Warning.
ABC news just now
ON EDIT: (took me till 9:43 to get link up)
Boston Bomb Suspect Captured Alive in Backyard Boat - ABC News
A senior Justice Department official told ABC News that federal law enforcement officials are invoking the public safety exception to the Miranda rights, so that Tsarnaev will be questioned immediately without having Miranda rights issued to him.
The federal government's high value detainee interrogation group will be responsible for questioning him.
The Miranda exemption exists to protect the public safety from another attack, according to the official.
There are no Miranda rights, there is the Miranda Warning.
And Dzhokar Tsaranev still retains his 5th Amendment right to not self-incriminate; he can keep his mouth shut and not say a word to investigators from the outset.
If he should say anything, however, it will still be admissible in court, absent the Warning.
.The Court held that there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves. As such, the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.
The Court further held that without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individuals will to resist and to compel him to speak where he would otherwise do so freely. Therefore, a defendant must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires
ABC news just now
ON EDIT: (took me till 9:43 to get link up)
Boston Bomb Suspect Captured Alive in Backyard Boat - ABC News
A senior Justice Department official told ABC News that federal law enforcement officials are invoking the public safety exception to the Miranda rights, so that Tsarnaev will be questioned immediately without having Miranda rights issued to him.
The federal government's high value detainee interrogation group will be responsible for questioning him.
The Miranda exemption exists to protect the public safety from another attack, according to the official.
There are no Miranda rights, there is the Miranda Warning.
And Dzhokar Tsaranev still retains his 5th Amendment right to not self-incriminate; he can keep his mouth shut and not say a word to investigators from the outset.
If he should say anything, however, it will still be admissible in court, absent the Warning.
OK. Here is a new phraseology for ya...
President Obama and Attorney General Eric H. Holder Jr believe, under some circumstances, American citizens taken into custody have no right to standard miranda warnings.
(and I'm still assuming the law they advocated in 2010 went into effect)
Miranda v. Arizona: An Overview and Discussion Questions
.The Court held that there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves. As such, the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.
The Court further held that without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individuals will to resist and to compel him to speak where he would otherwise do so freely. Therefore, a defendant must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires
The "public safety exception" to the Miranda rule arises from a SCOTUS case entitled NEW YORK v. QUARLES, 467 U.S. 649 (1984).
FindLaw | Cases and Codes
The facts of that case were that the police were provided with a description of a rape suspect who had a gun. Police locate suspect at grocery store. No gun. Police question subject about location of gun without Miranda warning. Suspect tells police location of gun. Gun found.
SCOTUS held that a "public safety exception" is triggered when police officers have an objectively reasonable need to protect the police or the public from immediate danger. In this case the threat may be the existence of other unexploded bombs or the like... The more removed temporally from the initial crime, the less likely it is for the exception to be valid... additionally, the statements obtained must otherwise be voluntary and not coerced. See Chavez v. Martinez, 538 U.S. 760 (2003)
Fifth Amendment of the United States Constitution
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
ABC news just now
ON EDIT: (took me till 9:43 to get link up)
Boston Bomb Suspect Captured Alive in Backyard Boat - ABC News
A senior Justice Department official told ABC News that federal law enforcement officials are invoking the public safety exception to the Miranda rights, so that Tsarnaev will be questioned immediately without having Miranda rights issued to him.
The federal government's high value detainee interrogation group will be responsible for questioning him.
The Miranda exemption exists to protect the public safety from another attack, according to the official.
ABC news just now
ON EDIT: (took me till 9:43 to get link up)
Boston Bomb Suspect Captured Alive in Backyard Boat - ABC News
A senior Justice Department official told ABC News that federal law enforcement officials are invoking the public safety exception to the Miranda rights, so that Tsarnaev will be questioned immediately without having Miranda rights issued to him.
The federal government's high value detainee interrogation group will be responsible for questioning him.
The Miranda exemption exists to protect the public safety from another attack, according to the official.
The Miranda Rights reading is now a case-by-case basis now it seems. Sad, but at one point of time, all citizens had to be read their rights if their were going to be tried in court.
Folks, clearly many of you do not understand how Miranda works.
Miranda Rights and When Police Should Read Them
Folks, clearly many of you do not understand how Miranda works.
Miranda Rights and When Police Should Read Them
According to NBC News, authorities could have as much as 48 hours to question Tsarnaev, an American citizen, before reading him his rights. That would be a far wider window than has been used in previous cases of suspected terrorism.
The public safety exception to Miranda has existed since 1984, when the Supreme Court ruled that police could question a suspect without reading his rights about possible immediate threats. But in 2010, Attorney General Eric Holder expanded the exception to include questioning when the governments interest in obtaining intelligence outweighs the disadvantages of proceeding with unwarned interrogation. The memo was written after the Obama administrtaion came under criticism from Republicans who claimed the White House wasnt being aggressive on terrorism cases.
...in October of 2010, Holders Justice Department took it upon itself to widen the exception to Miranda beyond the Supreme Courts 1984 ruling. Agents should ask any and all questions that are reasonably prompted by an immediate concern for the safety of the public or the arresting agents, stated a DoJ memo to the FBI that wasnt disclosed at the time. Again, fine and good. But the memo continues, there may be exceptional cases in which, although all relevant public safety questions have been asked, agents nonetheless conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat, and that the government's interest in obtaining this intelligence outweighs the disadvantages of proceeding with unwarned interrogation.
He will get his Miranda rights....again and again
And on film
