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

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[Perdogg]

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

[Right Ahead]

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

[bgill]

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

[101stAirborneVet]

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.

[Meet the New Boss]

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.

[Enterprise]

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.

[seeker41]

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.

[dragnet2]

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!

[Meet the New Boss]

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.

[Sir Francis Dashwood]

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.

[Miss Didi]

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

[1_Rain_Drop]

"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?

[Sir Francis Dashwood]

Exactly...

[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.

[101stAirborneVet]

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.

[LibertyRocks]

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.

[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."

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

[centurion316]

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).

[seeker41]

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.

[bigbob]

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

[Chode]

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...