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BREAKING: NBC Reporting that Suspect #2 has been Mirandized by the FBI
Twitter ^

Posted on 04/19/2013 7:03:31 PM PDT by Perdogg

And...scene. RT @adamsavader BREAKING: NBC Reporting that Suspect #2 has been Mirandized by the FBI.— Monica Crowley (@MonicaCrowley) April 20, 2013



TOPICS: Breaking News
KEYWORDS: boston; lawyeredup; massachusetts; mirandized; muslim; terroristnumber2
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To: AlexW

I hope they report that the freak has been taken to Beth Israel hospital. I’m sure they’ll love that.


101 posted on 04/19/2013 8:11:03 PM PDT by Right Ahead
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To: Biggirl

Here’s to scheduling his trial to begin next 9/11.


102 posted on 04/19/2013 8:11:35 PM PDT by bgill
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To: Meet the New Boss
I completely get your point on this, but I simply can't imagine a defense attorney successfully arguing that there is no ongoing public safety threat when the police are finding his, and his brother's, bombs all over the place.

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.

103 posted on 04/19/2013 8:13:03 PM PDT by 101stAirborneVet
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To: CyberAnt

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.


104 posted on 04/19/2013 8:14:43 PM PDT by Meet the New Boss
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To: Political Junkie Too

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.


105 posted on 04/19/2013 8:15:34 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Sir Francis Dashwood

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.


106 posted on 04/19/2013 8:15:37 PM PDT by seeker41 (Take back your country before it is too late)
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To: Innovative; Perdogg
The federal government’s high value detainee interrogation group will be responsible for questioning him.

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.

Thanks!

107 posted on 04/19/2013 8:18:06 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: 101stAirborneVet

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.


108 posted on 04/19/2013 8:22:19 PM PDT by Meet the New Boss
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To: seeker41

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.


109 posted on 04/19/2013 8:24:40 PM PDT by Sir Francis Dashwood ("Arjuna, why have you have dropped your bow???")
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To: Licensed-To-Carry

According to BOR and Geraldo tonight, he’s already executed and in Hell.


110 posted on 04/19/2013 8:26:16 PM PDT by Miss Didi ("After all...tomorrow is another day." Scarlett O'Hara, Gone with the Wind)
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To: Sir Francis Dashwood
"Why would they fear drone strikes in the USA?"

I'm using your post because you mentioned drones.

My question is, why didn't they use a drone to find this bomber?

111 posted on 04/19/2013 8:27:39 PM PDT by 1_Rain_Drop
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To: 1_Rain_Drop

Exactly...


112 posted on 04/19/2013 8:28:33 PM PDT by Sir Francis Dashwood ("Arjuna, why have you have dropped your bow???")
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To: 101stAirborneVet

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.


113 posted on 04/19/2013 8:29:02 PM PDT by centurion316
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To: Meet the New Boss
It wouldn't matter if he claimed he said something else. As long as the officers acted reasonably and in good faith, they are considered to be lawfully present at the storage unit. Him saying "something about a storage unit" would be enough.

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.

114 posted on 04/19/2013 8:32:08 PM PDT by 101stAirborneVet
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To: Old Sarge

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.


115 posted on 04/19/2013 8:32:25 PM PDT by LibertyRocks
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To: centurion316
"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."

These people built bombs, more of which have been discovered since the bombing. The gunfight doesn't have anything to do with it.

116 posted on 04/19/2013 8:33:07 PM PDT by 101stAirborneVet
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To: Alaska Wolf
Are enemy combatants and traitors entitled to Miranda rights

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).

117 posted on 04/19/2013 8:33:33 PM PDT by centurion316
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To: Sir Francis Dashwood

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.


118 posted on 04/19/2013 8:34:09 PM PDT by seeker41 (Take back your country before it is too late)
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To: Perdogg

As the US attorney said, the calls will be made by the AG, i.e. General Holder. Swell.


119 posted on 04/19/2013 8:34:17 PM PDT by bigbob
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To: Perdogg
there's extreme exigent circumstances in play here that allow questioning about other possible bombs/accomplices and a strong possibility of more IED's planted around the city/risk of more deaths

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...

120 posted on 04/19/2013 8:35:07 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: laxcoach

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.


121 posted on 04/19/2013 8:36:08 PM PDT by Shadowstrike (Be polite, Be professional, but have a plan to kill everyone you meet.)
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To: 101stAirborneVet

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.


122 posted on 04/19/2013 8:38:56 PM PDT by Meet the New Boss
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To: Perdogg
It sounds like these guys had automatic weapons, or at least some high cap. semi-auto guns, (I wont call them "assault weapons") just from the sound and description of the gunfire. I'll be very interested as to how these guys got their guns, and what exactly they are. As far as I know, We haven't heard a word about their guns.

(Putting on tinfoil hat) Would be interesting if these were fast and furious weapons.

123 posted on 04/19/2013 8:40:03 PM PDT by Doomonyou (Let them eat Lead.)
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To: centurion316
He is a U.S. Citizen

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.

124 posted on 04/19/2013 8:40:25 PM PDT by Alaska Wolf (I)
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To: Daryl Dixson

What rights are those? Is he a citizen?


125 posted on 04/19/2013 8:42:32 PM PDT by fabian (" And a new day will dawn for those who stand long, and the forests will echo in laughter")
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To: 101stAirborneVet

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.


126 posted on 04/19/2013 8:42:40 PM PDT by centurion316
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To: LibertyRocks

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.


127 posted on 04/19/2013 8:42:59 PM PDT by bigbob
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To: Alaska Wolf
He is an enemy combatant and traitor.

That's a popular sentiment, but I don't think that the law is in your favor. Unfortunate.

128 posted on 04/19/2013 8:45:25 PM PDT by centurion316
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To: seeker41
Not surprised this happened, it took longer then expected

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...

129 posted on 04/19/2013 8:46:27 PM PDT by Cold Heat
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To: Meet the New Boss
I'm just saying, almost every experienced police officer I ever worked with would only Mirandize someone as a last resort. This is because once you do it, a number of legal triggers occur, and you have to dance to a completely different tune. I just don't understand why anyone would want to put up those barriers when it is completely unnecessary, and there is a very strong possibility of getting actionable and legally useful information.

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.

130 posted on 04/19/2013 8:46:29 PM PDT by 101stAirborneVet
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To: Perdogg

Ah, yes, fighting a war through the justice system . . .


131 posted on 04/19/2013 8:46:48 PM PDT by Tolerance Sucks Rocks (Drag Me From Hell!)
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To: centurion316
"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."

Hey moron, do you want them to find any additional explosives out there or not?

132 posted on 04/19/2013 8:47:37 PM PDT by 101stAirborneVet
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To: centurion316
I don't think that the law is in your favor.

Certainly not if interpreted by Obama/Holder.

133 posted on 04/19/2013 8:48:39 PM PDT by Alaska Wolf (I)
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To: bigbob
I don't know why everyone suggests the older brother radicalized him...They should look at his proffessors and high school teachers...

If anyone did it, I'd look at them first..

134 posted on 04/19/2013 8:48:43 PM PDT by Cold Heat
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To: Cold Heat

He chose his path, no one else.


135 posted on 04/19/2013 8:49:44 PM PDT by dfwgator
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To: Perdogg

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.


136 posted on 04/19/2013 8:51:10 PM PDT by InterceptPoint
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To: 101stAirborneVet

They will announce tomorrow morning that the guy did not make it, and all this argument will be moot...(just a educated guess)


137 posted on 04/19/2013 8:51:23 PM PDT by Cold Heat
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To: Cold Heat

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.


138 posted on 04/19/2013 8:52:43 PM PDT by 101stAirborneVet
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To: Perdogg; flaglady47; mickie
Bill O'Bloviator smugly said tonight that the perp will be indicted, tried and executed. But first, says Bill, we will have to find out from this terroristo what REALLY happened and WHY?

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.

Decisions, decisions....

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.

Leni

139 posted on 04/19/2013 8:53:20 PM PDT by MinuteGal
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To: 101stAirborneVet

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.


140 posted on 04/19/2013 8:54:47 PM PDT by centurion316
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To: Perdogg; kristinn

They did Mirandize him after all?


141 posted on 04/19/2013 8:54:54 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: dfwgator

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.


142 posted on 04/19/2013 8:54:59 PM PDT by Cold Heat
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To: 101stAirborneVet

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.


143 posted on 04/19/2013 8:56:07 PM PDT by Meet the New Boss
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To: Alaska Wolf
Certainly not if interpreted by Obama/Holder.

I'm with you on that point.

144 posted on 04/19/2013 8:56:18 PM PDT by centurion316
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To: centurion316

He is hopefully about to learn the full meaning of “Useful Idiot” but first he must sing sing sing!


145 posted on 04/19/2013 8:56:23 PM PDT by right way right (What's it gonna take? (guillotines?))
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To: Biggirl

So what. His citizenship should be revoked, anyway. He’s an Islamic enemy combatant.


146 posted on 04/19/2013 8:56:41 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: centurion316
Are you really this dense? Timers? There may simply be explosive material that has not yet been discovered. Is that not a public safety hazard? partially assembled bombs are still being found.

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.

147 posted on 04/19/2013 8:57:19 PM PDT by 101stAirborneVet
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To: Innovative; kristinn

See innovative’s comment for clarification. Sounds like the non-Mirandizing is still on.


148 posted on 04/19/2013 9:00:31 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: 101stAirborneVet

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.


149 posted on 04/19/2013 9:02:18 PM PDT by centurion316
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To: Perdogg

I Kind of suspected this in the breaking news thread for the manhunt...so here comes the civilian trial and the ACLU.


150 posted on 04/19/2013 9:04:12 PM PDT by Mozilla
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