Skip to comments.BREAKING: NBC Reporting that Suspect #2 has been Mirandized by the FBI
Posted on 04/19/2013 7:03:31 PM PDT by Perdogg
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I hope they report that the freak has been taken to Beth Israel hospital. I’m sure they’ll love that.
Here’s to scheduling his trial to begin next 9/11.
I think there really is a public safety reason to ask this punk some questions, especially since we don't want some explosives in a storage unit to go undiscovered until they blow up and kill someone.
If the police then discover evidence in said theoretical storage unit packed with explosives that implicates other parties, again, I can't imagine a successful argument that it was fruit of the poisoned tree.
Police presently have every reason to believe there may be additional explosives out there. If they Mirandize him, they cannot (for court purposes) ask him any questions because he is in distress (injured, drugged, etc.) or, even if they do, any subsequent evidence they find could not be used against future implicated parties.
I've had many cases where I employed the public safety exception, to great effect, particularly with firearms used in violent felonies.
I heard her say that. She isn’t the local DA, she is the US Attorney for the District of Massachusetts. She was responding to a question from the media.
It wouldn’t surprise me if the FBI had already mirandized the guy even before she made her statement and she just didn’t know what was going on.
You have the absolute right to remain silent, whether or not you are Mirandized. You have to assert that right! If the police are going to question someone in custody, then the Miranda rights must be read. For this reason, there are occasions when an arresting officer will not Mirandize someone prior to delivering him to detectives.
Funny I was thinking along the same lines-kept thinking my gosh all the feds for one young terrorist. He was dangerous but alot of resources were used to get him. The boat owner broke the case.
Ya mean they are going to question him and his other family members again?
Hey, do me a favor, ask this, "High value detainee interrogation group" why they didn't deport his foreign terrorist brother 3 years ago when he was committing other crimes.
Okay, so you let’s say you DON’T mirandize the kid.
And you ask him, and he mumbles something about a storage locker. You send other officers and EOD to open the locker. There are no devices in there, but there are a whole lot of written notebooks detailing the planning for the crime, naming other accomplices to the crime, and a whole bunch of stuff - a veritable gold mine for the prosecuting attorneys.
Except later, the defense moves to exclude all of that — it turns out what the perp claims he mumbles to you was “there are no bombs in the locker but my notebooks are in a locker at...” Some leftwing nutbag Obama-appointed judge denies your public safety exception.
So all that stuff is excluded. And now the best the prosecutors can argue is that investigators had an independent source of that evidence - they would have found it anyway. Is that gonna fly? Maybe, maybe not.
As I say, this college kid ALREADY KNOWS he doesn’t have to talk to police. He’s seen a thousand cop shows in his life. You gain nothing by not mirandizing him.
How many people were maimed and killed?
All of the sudden everybody is claiming victory over something that was a failure to begin with...
Boston was the same city the 9-11 terrorists attacked us from.
According to BOR and Geraldo tonight, he’s already executed and in Hell.
I'm using your post because you mentioned drones.
My question is, why didn't they use a drone to find this bomber?
You are assuming that imminent dangers to the public exist. I doubt that. The gunfight is over, now comes the legal slog to see to it that the man never sees the outside of a 10z10 concrete box in Colorado until the day of his execution.
I agree he probably already knows he doesn't have to say anything, but I've been surprised how many people will still talk to me, especially when they're lying on a stretcher with severe injuries.
If they do administer Miranda, and he agrees to talk, they can't question him at all and get anything useful, because of his condition.
At least under the public safety exception, there is a chance at discovering new evidence. I think you bring up important arguments, and I don't think you are wrong. A liberal judge may indeed throw it all out. None of it would ever even make it into the courtroom if they Mirandize him, though.
I don’t think it was just two little snot-nosed kids though. They were practiced... We’re talking about kids who spent some of their lives in Chechnya witnessing horrible brutality. I doubt they did not have “connections” in the jihadist world.
A 19-year-old is a man - albeit a young one. But, they aren’t little kids - especially coming from places like they have seen in their young lives.
These people built bombs, more of which have been discovered since the bombing. The gunfight doesn't have anything to do with it.
Please show evidence that he is an enemy combatant. Terrorists are not, in my view.
Do you know any traitors? I do, and was a key witness in the trial that put him away for life (he died in prison).
Agreed. I was in Boston in the late 90s and it was swarming with mooselimbs then. Not suprised this happened, it took longer then expected.
As the US attorney said, the calls will be made by the AG, i.e. General Holder. Swell.
they can question within a restricted scope of those topics within a reasonable timeframe to determine if there are other explosives/accomplices about to bomb/attack, etc. if he talks about any other bombs/bombers they can ask about locations/types, etc. plus there's no constitutional requirement to Mirandize if they do not question him or the police do not intend to use anything he said against him in a court of law...
Because he’s a Terrorist.
He only took his citizenship to be able to KILL on American soil.
They shouldn’t have arrested him, they should have double tapped his sorry a@# where they found him.
Did the officers act “reasonably”? Did they act in “good faith”? What if the Obama judge is convinced the officers MUST have heard the kid say clearly that there was no danger in relation to the locker, and the judge concludes the cops acted in bad faith by proceeding further themselves.
EACH of the elements of the exception is ammunition for the defense.
Experience teaches that unless one has very strong reasons for doing so, one doesn’t play these things close to the line. There is too much opportunity for things to get unstuck down the line.
(Putting on tinfoil hat) Would be interesting if these were fast and furious weapons.
Who waged war against other US citizens killing and maiming many innocent women, children and law enforcement people. He is an enemy combatant and traitor.
What rights are those? Is he a citizen?
I see that I need to converse (talk) at a third grade level:
Bad man is not being bad anymore. He is now behind bars (arrested). Bad man will be brought into court. Lawyers will talk to Judge. Judge will consider Law and Constitution. Judge will rule based on law and evidence.
The youngest was 9 when he came to the US, all his formative views were determined by then in his former homes. He knows violence, maybe he adapted to US life for a time but I think we’ll find that the older brother re-ignited those embers and radicalized this kid after he himself spent time being trained in Russia. While they’re not equally radical, just look at the mom, dad, uncle, and aunt - they’re all a little off-center, doubtless as a result of the earlier lives they lived.
That's a popular sentiment, but I don't think that the law is in your favor. Unfortunate.
No question about it....I've been waiting for something to happen in Michigan as well.....
Heck, there are clusters of them spread across the US....just look for the mosque's with the towers and the noise...
This immigration mistake has been made since Bush 1 when they allowed thousands of Iraqi's to seek asylum after Iraq war #1.
It's been going on ever since....It was not a good idea then or now...
Could a liberal judge disallow it? Maybe. But I don't think we should throw our hands up and Mirandize, and erect a bunch of unnecessary legal barriers just because that's a possibility.
In summary, if you Mirandize this guy now, it is not possible to obtain information that is useful in court, even if he agrees to talk.
If you do not Mirandize him, there is a possibility of obtaining information that is useful in court, which may or may not be thrown out.
I gotta go with the chance over the no chance, and I always did in my 20 years on the force.
Ah, yes, fighting a war through the justice system . . .
Hey moron, do you want them to find any additional explosives out there or not?
Certainly not if interpreted by Obama/Holder.
If anyone did it, I'd look at them first..
He chose his path, no one else.
The more this guy talks the worse it is for Obama. So the report is probably true. Protect O every and any way you can. The MSM will rejoice.
They will announce tomorrow morning that the guy did not make it, and all this argument will be moot...(just a educated guess)
A very real possibility, and probably why they are using the public safety exemption. If they Mirandize, they can’t question him now and get any legally useful information because of his condition. Using the exception gives them license to question him before he dies, and for the information obtained to be admissible.
Whoa, Mr. Know-it-All !
The perp is undoubtedly already lawyered-up with a mouthpiece hired by CAIR or some other traitorous organization or two.
If he snaps out of his serious injuries, his shill will instruct him to clam up and not spill a bean.
Then the negotiations will begin. Holder (aka the Government) will have to decide what to do if the little stupe wants to plead out for a life sentence in return for ratting out his Jihad superiors, trainers and cohourts, domestic and foreign....OR.....accept no plea bargains and let the punk experience the wonders of the threadless needle.
Bill, your dreamy scenario sequence only happens in the movies. It ain't gonna happen as easy as you predict despite your ample supply of will-power which is rumored to secretly run the country.
So how long do you think those timers might be set for? This is now out of LE hands and in the hands of the lawyers and the courts. It’s a different world and you probably ought to let them do their thing.
They did Mirandize him after all?
I’m making a veiled reference to the fact that Cambridge Mass. is the hub or one of the primary centers of progressive radicalism in the US...
I contend that if you want your kid totally turned to the darkside, you might want to send them there to attend school.
No, you’ve got it backwards — it’s NOT correct that mirandizing a guy makes him a suspect triggering his rights.
It’s when the entirety of the circumstances require that you treat a person of interest as a suspect that you are then required to respect certain constitutional rights and if you wish to question him, then mirandize him.
Look, I’ve argued for thirty years that the exclusionary rule is bass-ackwards. I have always said the right way to go on this is to punish the cops, and not the public. Evidence is evidence. If a cop violated someone’s constitutional rights to get it, then we should punish the cop. We should not punish the public by pretending the evidence does not exist.
By the way, I don’t disagree with your reasoning if the facts were somewhat different. If we were dealing with foreign jihadis who just came across the border and committed terrorism, then yeah, by mirandizing them you probably really ARE telling them something they don’t know and could cause them to shut up.
I'm with you on that point.
He is hopefully about to learn the full meaning of “Useful Idiot” but first he must sing sing sing!
So what. His citizenship should be revoked, anyway. He’s an Islamic enemy combatant.
Out of LE hands? It's law enforcement who will question him, not a judge or lawyer.
You really don't know what you're talking about. I did this for 20 years.
See innovative’s comment for clarification. Sounds like the non-Mirandizing is still on.
I know that you did buddy, I understand your ribbons completely. You might have run across guys like me. I was called “Commander” and “Convening Authority’. Things get a little more complicated from that perspective.
I appreciate and value your service, we are all part of the same fight.
I Kind of suspected this in the breaking news thread for the manhunt...so here comes the civilian trial and the ACLU.