Posted on 04/20/2013 2:04:05 PM PDT by Steelfish
ACLU Eyes Boston Bombing Suspect's Miranda Rights
BOSTON April 20, 2013
The American Civil Liberties Union says it's concerned the surviving Boston Marathon bombing suspect will be questioned by investigators without being read his Miranda rights.
Dzhokhar Tsarnaev (joh-KAHR' tsahr-NY'-ehv) remained hospitalized Saturday after being wounded in a firefight with police Friday. His brother was killed earlier.
U.S. officials say a special interrogation team for high-value suspects will question Tsarnaev without reading him his Miranda rights, invoking a rare public safety exception triggered by the need to protect the public from immediate danger.
ACLU Executive Director Anthony Romero says the exception applies only when there's a continued threat to public safety and is "not an open-ended exception" to the Miranda rule.
(Excerpt) Read more at abcnews.go.com ...
The left is already mobilizing to get the terrorists released.
Is it time yet?
ACLU should be on a terrorist watch list.
Bombing the marathon, killing the MIT cop, tossing IEDs while bring chased and a cache of explosives sounds like that is still a threat to the public until we know if they acted alone.
Repeat..
A lot of people assume that the police are required to read a suspect his Miranda rights upon arrest. That is, they assume that one of a person’s rights is the right to be read their rights..... It often happens that way on Law & Order, but that’s not what the law actually requires.
The police aren’t required to follow Miranda. Miranda is a set of rules the government can chose to follow if they want to admit a person’s statements in a criminal case in court, not a set of rules they have to follow in every case.
Under Chavez v. Martinez, 538 U.S. 760 (2003), it is lawful for the police to not read a suspect his Miranda rights, interrogate him, and then obtain a statement. Chavez holds that a person’s Miranda rights are violated only if the statement is admitted in court, even if the statement is obtained in violation of Miranda. See id. at 772-73.
Further, the prosecution is even allowed to admit any physical evidence discovered as a fruit of the statement obtained in violation of Miranda — only the actual statement can be excluded. See United States v. Patane, 542 U.S. 630 (2004).
So, contrary to what a lot of people think, it is legal for the government to even intentionally violate Miranda so long as they don’t try to seek admission of the suspect’s statements in court.
Teamwork pays off in big dividends.
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- A Lincoln welder might be helpful
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And thus begins the 20-year process of turning Jokar the Bomber into an esteemed professor at Columbia U.
“You have the right to look forward to the rest of your life in solitary confinement or the butt-boy for a very large and muscular guy called Bubba. Or you can elect to swallow the barrel of this .44 magnum and visit Allah in a split second. Your choice???????????????????”
These guys were complete and total idiots. Geniuses????? They couldn't even tie their shoes!!!! Absolute morons. Man, you want to commit a crime? Better contact me before hand. These guys were idiots and amateurs.
What information???? These guys were idiots!!!
Remember Lynne Stewart and the blind sheik? They shouldn’t let an ACLU lawyer within a mile of this creep.
Does anyone today not know their Miranda rights?
Who trained them.
Thanks for posting what I was about to say.
The SCOTUS has made the exceptions quite clear in the past. The ACLU is living in a fantasy world.
If the LEO’s have enough physical evidence to convict him, they don’t need to bother admitting his statements for the prosecution. They can grill him for leads to other complicit individuals and those issues aren’t going to be admitted to his own trial.
A prosecutor will often choose physical evidence over statements - the evidence is harder to dismiss or lawyer away, as long as it wasn’t the fruit of an illegal search.
I agree. As loathsome as this guy is, I fear unchecked government officials more than I fear him. I never would have imagined the USA could reach a point where I’d say that. The current administration governs like a bunch of tinpot dictators. Zippy gets to decide personally who lives and who dies via drone strike.
The FIFTH AMMENDMENT protects him from self-incrimination. Miranda just reminds him of that.
Former NYC Mayor, and federal prosecutor, Rudy Giuliani, was interviewed on Fox News yesterday and he had an interesting comment on Miranda Rights. He said that the only thing Miranda Rights do is to protect any statements he makes after arrest. If the Justice Department already has enough evidence to convict they don’t need to read him his rights. Just use the evidence they already have. He also said that the brothers confessed to the man whose car they stole that they were the bombers.
Actually I agree with them because knowing some of the liberal psychos we have sitting on the bench, it wouldn’t surprise me in the least if the case was thrown out because of that. “He wasn’t read his rights..Case dismissed. Next...”
Since the ACLU and the Progressive press is asking the question, one can bet that it is going to be discussed endlessly and that the impression left in the minds of many will be abuse by the police because of the “suspects’” not being “Mirandized”.
IMHO
This issue is of no consequence now (at least not for this guy) as he was read his Miranda rights by the judge, at the hearing today. Also, the defendant’s lawyer was right at his side, too.
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