Tsarnaev will be questioned immediately without having Miranda rights issued to him

[Connery]

I don't care what he has done, every suspect needs to have their Miranda rights read to them.
I hope he raises this issue when the case goes to court.

ALL law in the US is subject to regulation and there are exceptions to many of them. There is no issue with invoking an exception to this one. Besides, if he has ever turned on an American TV, he knows his rights.

If it is his right then why not Mirandize him? I don't get it, giving up rights for the allusion of safety. The only thing the government is doing is keeping the boy from getting representation. He is a scum bag for sure but rights are rights.

I am stating to think that the war on terrorism that the liberal left used to say never existed is now a war with everyone and anyone. What army does this boy belong to? What organized people that we are at war with does he represent?

Again you are incorrect. All the "boy" (bomber) need do is ask for an attorney.

 

[jon_berzerk]

Nonsense. The Quarles case was heard in 1984. Obama was too young to be president. Here are the relevant parts of the case, "there is a "public safety" exception to the requirement that Miranda warnings be given before a suspect's answers may be admitted [467 U.S. 649, 650] into evidence, and the availability of that exception does not depend upon the motivation of the individual officers involved. The doctrinal underpinnings of Miranda do not require that it be applied in all its rigor to a situation in which police officers ask questions reasonably prompted by a concern for the public safety." Cases and Codes

There is no erosion of rights here. Should the bomber have the wherewithal to ask for an attorney then the questioning stops and he will be read his rights. Nevertheless, the authorities have every good reason to exercise their rights under the public safety exception. This lunatic was throwing bombs outside the window of the car they stole during the chase there may be more bombs planted elsewhere, therein lies the public safety exception.

No, you are incorrect as the links I provided show. The exception they are using was written by Holder to the FBI. It never met a judicial review and needs challenged before the court. What you are talking about is if the police are in the process of arresting someone and realize that a person had a gun but they don't see and ask where it is. Thus an immediate public safety concern. What is happening in this case is not that exception. The kid is a scum bag talked into doing awful things but that is why we have laws so these scum bags don't get off on technicalities as did Bill Ayers many years ago.

Nope not here this will stand.

certainly right there is his hospital room

here ya go need a little more gravy for the brain before we talk some more

--LOL

 

[Wolfmoon]

I don't care what he has done, every suspect needs to have their Miranda rights read to them.
I hope he raises this issue when the case goes to court.

ALL law in the US is subject to regulation and there are exceptions to many of them. There is no issue with invoking an exception to this one. Besides, if he has ever turned on an American TV, he knows his rights.

If it is his right then why not Mirandize him? I don't get it, giving up rights for the allusion of safety. The only thing the government is doing is keeping the boy from getting representation. He is a scum bag for sure but rights are rights.

I am stating to think that the war on terrorism that the liberal left used to say never existed is now a war with everyone and anyone. What army does this boy belong to? What organized people that we are at war with does he represent?

He lost his Constitutional rights when the government designated him an enemy combatant and a terrorist as would any American. Link, Link

http://acslaw.org/pdf/enemycombatants.pdf
http://www.cnn.com/2003/LAW/01/08/enemy.combatants/

.

 

[Wolfmoon]

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.

Dzhokhar Tsarnaev, 19 has been desinated an enemy combatant and a terrorist in the eyes of the federal law. The laws are different for those people. They don’t have Constitutional Rights such as Miranda Warning, habeas corpus, the right to remain silent, and the right to an attorney. The Federal Government can make him disappear in a cell with only straw for a bed for the rest of his life if they want to and it's LEGAL.

enemy combatant legal definition of enemy combatant. enemy combatant synonyms by the Free Online Law Dictionary.

.

Now all the government has to do is declare that someone is a terrorist or enemy combatant then their civil rights go out the window. Interesting. I am not sure why we need courts anymore. I guess to tell war vets they can't fly their flags in their own yard.

Yes, the Homeland Security Secretary Janet Napolitano has a list of what constitutes being a terrorists and it's crazy! It's right up there with Jeff Foxworthy! I remember one being "If you think Mexico is a foreign country."

.

 

[Big Black Dog]

They should waterboard this ass hole until he tells everything he as ever known.

 

[Freewill]

In the real world he got immediate surgery not immediate questioning.

I wonder if his brother will be buried at sea before tomorrow. There are already pictures of his body on the INTERNET. Not so much for another famous Muslim.

You mean the one whose body was kept on ice for years so that Obama could look as if he captured him? Lol! I still cannot get over that one. Benazir Bhutto on youtube video still there after all these years.......telling David Frost that Osama Bin Laden was murdered by Sheik Omar and that now her life was being threatened? About 2 months after that interview they did murder her yet no one responded to her matter of fact statement that Bin Laden had already been dead for over a year at that point!

Funny story. I met a Pakistani whose entire family lived in Karachi. He told his mother said, why are they looking for a man who is already dead? ( bin laden ) It was common news in Pakistan that bin laden had been dead for years. They must think the American people are the biggest idiots on earth! Seriously! Wouldn't you? The entire Muslim world knows bin laden has been dead for years and Obama is busy having movies in hollywood portraying him as the man of the hour. Just too funny. You can't make it up, folks!

- Jeri

Conspiracy Theories: Where's the Proof of Osama Bin Laden's Death? - ABC News

Remember when they said they would release information, and they never have? The MSM as usual is not following up on this. Nixon would have gotten away with Watergate with the MSM we have today. That is if Nixon were a democrat liberal.

That said, one thing I think is telling. After the "killing" of OBl the government warned us of reprisals. As far as I know there has not been one. Kinda tells me that what you are saying is correct and what I have believed since Tora Bora.

 

[Freewill]

ALL law in the US is subject to regulation and there are exceptions to many of them. There is no issue with invoking an exception to this one. Besides, if he has ever turned on an American TV, he knows his rights.

If it is his right then why not Mirandize him? I don't get it, giving up rights for the allusion of safety. The only thing the government is doing is keeping the boy from getting representation. He is a scum bag for sure but rights are rights.

I am stating to think that the war on terrorism that the liberal left used to say never existed is now a war with everyone and anyone. What army does this boy belong to? What organized people that we are at war with does he represent?

He lost his Constitutional rights when the government designated him an enemy combatant and a terrorist as would any American. Link, Link

http://acslaw.org/pdf/enemycombatants.pdf
http://www.cnn.com/2003/LAW/01/08/enemy.combatants/

.

When did that happen? And is it what we want to have happen?

 

[Freewill]

ALL law in the US is subject to regulation and there are exceptions to many of them. There is no issue with invoking an exception to this one. Besides, if he has ever turned on an American TV, he knows his rights.

If it is his right then why not Mirandize him? I don't get it, giving up rights for the allusion of safety. The only thing the government is doing is keeping the boy from getting representation. He is a scum bag for sure but rights are rights.

I am stating to think that the war on terrorism that the liberal left used to say never existed is now a war with everyone and anyone. What army does this boy belong to? What organized people that we are at war with does he represent?

Again you are incorrect. All the "boy" (bomber) need do is ask for an attorney.

Then why not Mirandize him just to be safe? What is the purpose of what the government is doing? It was never the intent of the SCOTUS ruling on the exception. The exception they are using is one ginned up by Holder and never tested in court. You say I am wrong, wrong about what? Tell me the criteria and where it is written that allows for the exception they are using.

The boy (the age difference is such I call him boy) is scum no doubt about it. But there are bigger issues here, in my opinion. Especially for those who have railed against the Patriot Act.

 

[Katzndogz]

How could they declare him an enemy combatant? He's not Christian. Chechen terrorists aren't even on the list of dangerous groups that Homeland Security put out. Gee, this kid seems right up liberal alley. He didn't have a gun, wasn't in the military and didn't go to Church. He was even a pothead!

 

[Freewill]

They should waterboard this ass hole until he tells everything he as ever known.

Of course you joke but I am all for using "truth" serum. If that stuff actually works.

 

[SuMar]

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.

I don't care what he has done, every suspect needs to have their Miranda rights read to them.
I hope he raises this issue when the case goes to court.

So that the case gets thrown out and he can be set free?

 

[Rct_Tsoul]

Saddam & sons got taken out because they were bitches in the worst way, and could not be allowed to continue their nonsense.
eg.

What I have in the file below is a video of some bitch Arabs that thought they should fight for their silly rights to bear arms in Iraq & protect Saddam from America, if you watch the video you will see that these bitches were mistaken and didn't understand the scope of what kind of power they are dealing with and/or fighting against ............... they should have just given up the guns in full submission as the bitches they always have been from birth.
Warning: This is what happens when you fight the confiscation teams
right-click & save target as

 

[Freewill]

Dzhokhar Tsarnaev, 19 has been desinated an enemy combatant and a terrorist in the eyes of the federal law. The laws are different for those people. They don’t have Constitutional Rights such as Miranda Warning, habeas corpus, the right to remain silent, and the right to an attorney. The Federal Government can make him disappear in a cell with only straw for a bed for the rest of his life if they want to and it's LEGAL.

enemy combatant legal definition of enemy combatant. enemy combatant synonyms by the Free Online Law Dictionary.

.

When did that happen?

After 911 Link Link

No, the question is, when was this 19 year old declared a enemy combatant? What should happen is that a grand jury decides if the person is an enemy combatant when presented with the evidence. THAT is the way the system is suppose to work. It is not suppose to be a decision made by one or two men. For example, a 16 year old boy is targeted and killed, who made that decision? Who made that decision to kill an innocent American citizen? Guilt is suppose to be found first in a grand jury then a trial. We are going down a very bad road, one we do not have to travel to be safe and free.

 

[Freewill]

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.

I don't care what he has done, every suspect needs to have their Miranda rights read to them.
I hope he raises this issue when the case goes to court.

So that the case gets thrown out and he can be set free?

That is the whole point, Mirandize him so it doesn't get thrown out, like Bill Ayers skated on a technicality.

 

[Freewill]

Here is an interesting time line. I found this which I thought very interesting:

6:35 p.m.ET: A student who attends UMass Dartmouth with Dzhokhar Tsarnaev, tells ABC News the suspect was on campus on Tuesday, the day after bombing and acted nonchalant.

LIVE UPDATES: Boston Bombing Suspect in Custody, Say Police - ABC News

We have mostly heard what the mother had to say. One reason that the government may not want to Mirandize the boy is because then there would be a witness to what he says. In other words maybe there is some truth in what the mother says. Don't know only speculating.

 

[Bill Angel]

How could they declare him an enemy combatant? He's not Christian. Chechen terrorists aren't even on the list of dangerous groups that Homeland Security put out. Gee, this kid seems right up liberal alley. He didn't have a gun, wasn't in the military and didn't go to Church. He was even a pothead!

He did not have a gun?
"No police were injured when shots were fired by the boat"
Read more: 'We got him!' But now authorities want answers in Boston Marathon bombing | Fox News

So the assertion is that the subject hiding in the boat fired shots at the police.

 

[JakeStarkey]

You might not embarass yourself if you googled before you posted.

There is a public safety exception to the Miranda requirement that was established by the SCOTUS in 1984 in New York v. Quarles.

Yippee another liberal on his high horse. As is usual for liberals you answer a question not asked and you do it so sanctimoniously. The OP is all about the exception that was the point of the discussion. I never once made the claim their wasn't an exception nor did I say I totally disagreed. But the Miranda warning does spell out for the person their rights which is what Jake said didn't exist. BTW I did google it to make sure I was right as I almost always do.

Knocking two liberals off their high horse in one day, life is gooooooooooooooooooooood.

Oh, so someone else using your account said this?

Don'tja see what is happening? Rights are being eroded every day. Obama takes out Americans in another country without due process without judicial review and it is basically ignored because of the allusion of it makes us safe. Of course we want him to talk and a lawyer would definitely advise him to not say anything. So if they do this anything he says should not be used in a court of law. Not that it matters what he says he is guilty. If I were he though I would admit to everything without being Mirandized. THAT would really test the system.

Stop being an asshole. Stop lying about what you said when it's there in black and white a few posts earlier.

Freewill not only lies about what others say, he lies about what he says.

 

[Freewill]

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.

I don't care what he has done, every suspect needs to have their Miranda rights read to them.
I hope he raises this issue when the case goes to court.

So that the case gets thrown out and he can be set free?

No, just the opposite.

 

[Connery]

If it is his right then why not Mirandize him? I don't get it, giving up rights for the allusion of safety. The only thing the government is doing is keeping the boy from getting representation. He is a scum bag for sure but rights are rights.

I am stating to think that the war on terrorism that the liberal left used to say never existed is now a war with everyone and anyone. What army does this boy belong to? What organized people that we are at war with does he represent?

Again you are incorrect. All the "boy" (bomber) need do is ask for an attorney.

Then why not Mirandize him just to be safe? What is the purpose of what the government is doing? It was never the intent of the SCOTUS ruling on the exception. The exception they are using is one ginned up by Holder and never tested in court. You say I am wrong, wrong about what? Tell me the criteria and where it is written that allows for the exception they are using.

The boy (the age difference is such I call him boy) is scum no doubt about it. But there are bigger issues here, in my opinion. Especially for those who have railed against the Patriot Act.

I already cited the case and the language.

 

[OriginalShroom]

People,

The last time I looked, the Constitution didn't have any "exceptions" written in the Bill of Rights.

Perhaps I am wrong. if so, will someone please quote that part of the Constitution which has the "Exceptions" written in it?