He's not even a citizen.
Posted on 04/25/2013 8:03:10 AM PDT by mikelets456
Regular viewers of Fox News are used to seeing popular host Megyn Kelly on their televisions every afternoon, but on Thursday morning Kelly made a special appearance during the morning to break some surprising information: according to her sources, the FBI was “shocked” to see a magistrate “waltz into” the hospital room of Dzhokhar Tsarnaev and read him his Miranda rights.
So why were they shocked? According to Kelly, the FBI was under the understanding that they would get much more time with Tsarnaev under the “public safety exemption” before he was read his rights. Adding to the shock: the sources told Kelly agents were getting crucial information after only 16 hours of questioning and were making valuable progress.
No matter.
“It’s really unbelievable,” Kelly said.
“The FBI had no idea they were sending over the judge, the prosecutor, the federal public defender; and the FBI said they were only 16 hours into what they understood would be a 48 hour period of questioning … . They said they were in the process of getting valuable information … and as soon as that magistrate judge went in there and gave him his rights with his lawyer present, he stopped talking. They said they would never have stopped interrogating him prior to the 48 hours unless they were forced to.”
(Excerpt) Read more at theblaze.com ...
The so-called 48 hour rule is an FBI/LEO created time limit that has never been sanctioned by the courts or congress. Also, the “public safety exception” to Miranda requires an imminent threat to LEO or public safey based upon objective evidence. The exception is not supposed to be used as a license to conduct an unrestrained interrogation that goes beyond the subject matter of the threat. Don’t shoot the messenger.
One would think hussein was in on this whole thing by the way they act.
islamist that he is, he probably was.
He's not even a citizen.
I think the boat shooters arrested him.
THIS bears repeating.
Miranda conveys NO rights. Miranda simply makes one aware of rights one already has as a US citizen!
It looks like everyone on our side has forgotten the 2010 Supreme Court ruling that the police or anyone else like waltzing judges do not have to recite Miranda to suspects.
If perps are ignorant of the 5th Amendment, that's their problems.
Justices Narrow Miranda Rule, June 2, 2010
"Criminal defendants must specifically invoke the right to remain silent under the Miranda rule during questioning to avoid self-incrimination, the Supreme Court said Tuesday.
The vote in the case was 5-4 along ideological lines as the court's conservatives put limits on the rights of suspects.
Under the Miranda rule, derived from the 1966 Supreme Court decision in Miranda v. Arizona, police may not question a suspect who invokes his right to remain silent—and can't use as evidence incriminating statements obtained after the suspect does so.
Review the cases already decided and still to come in the Supreme Court's 2009-2010 term, plus details on the arguments, the court's calendar, and the justices themselves.
In Tuesday's decision, the court ruled that an ambiguous situation would be treated in favor of the police. "
-end snip-
Re: Simply put: THEY DON’T WANT HIM TO TALK
The the conclusion is that there are Jihadist sympathysers in the administration.
“2010 Supreme Court ruling that the police or anyone else like waltzing judges do not have to recite Miranda to suspects. “
It does not say that.
You don’t understand what you are reading.
Rights cannot be given or taken away - they are either recognized or not - you are either advised (or warned upon arrest) of your rights or not. The Miranda decision said that Police must advise you of your rights upon arrest - the Police do not GIVE you rights and the rights are not “Miranda rights”.
Thanks for the support!
"The Supreme Court has ruled that a criminal defendant must verbally invoke the right to remain silent to avoid self-incrimination. It's a decision that has delighted law enforcement agencies and angered civil liberty groups. WSJ's Neil Hickey reports."
AGAIN, you don’t understand the ruling.
Please quite spreading this BS.
Perp has to be mirandized.
The HORRIBLE ruling indicates what the PERP has to do AFTER HE GETS THE WARNING.
GO READ THE CASE.
My guess is that the U.S. Attorney set up the whole thing with the Magistrate Judge. The FBI claims to have not been a part of this. Interesting because the FBI / Marshall’s Service is controlling access to the hospital room.
For the idiot who keeps telling everyone that you no longer need to be mirandized
http://darylrodrigues.com/2010/06/02/us-supreme-court-turns-miranda-upside-down/
““Where the prosecution shows that a Miranda warning was given and that it was understood by the accused, an accused’s uncoerced statement establishes an implied waiver of the right to remain silent,’’ Justice Anthony Kennedy wrote for the court’s conservatives.”
Waah. I’m not spreading nothing that did not get reported back in 2010 and here on FR. Like I said on the other thread, show us explicitly and why the Wall Street Journal and others got it wrong?
Contradictory.
You just keep looking like a full blown idiot.
Trust me, YOU DO NOT UNDERSTAND WHAT YOU ARE READING
HERE IS THE CASE
http://www.law.cornell.edu/supct/html/08-1470.ZO.html
NOTE THESE WORDS
“All concede that the warning given in this case was in full compliance with these requirements. The dispute centers on the response—or nonresponse—from the suspect. “
Somebody wanted him to shutup. And I think it was a U. S. Attorney who elected to use the public safety approach to begin with. There was female U. S. Attorney at most of the press conferences and she announced it there.
So someone elsewhere got other feds involved to shut him up, unless the female attorney changed her mind, or had it changed for her.
This will probably be another in a growing list of coverups. And there's news now that the governor and feds are refusing to release any data about what welfare benefits the brothers and their family might have received - privacy considerations.
The administration gave the FBI the finger on Benghazi too... Seems they’re making a habit of standing WITH criminals and against law biding citizens... A telling pattern...
The young psychopath terrorist - who placed his bomb next to a group of children - was given protection by a liberal elite judge. A judge who felt so strongly that he left his chambers and walked to a hospital... that’s not a normal act... The judge has told us who he stands with...The judge stands with terrorists .
The ‘judge’ and his liberal thugs also stood AGAINST our law enforcement protectors. People who were trying to find out if this terrorist is part of an active cell - and if that cell is ready to strike soon - where - and when...
Now we won’t know until more American civilians are murdered and maimed.
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