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#1
http://www.huffingtonpost.com/2013/04/19/miranda-rights-boston-bombing-suspect_n_3120333.html

WASHINGTON -- A Justice Department official says the Boston Marathon bombing suspect will not be read his Miranda rights because the government is invoking a public safety exception.


Messed up? Should he be read his rights? Does it not apply?
Most of the important things


in the world have been accomplished


by people who have kept on


trying when there seemed to be no hope at all
#2
Considering the circumstances, I'm fine with it. The public safety exception makes sense.
--------------╯╰--------------
A SIGNATURE.
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#4
ACTUALLY INFORMATIVE POST ON THE MATTER:
Quote by letterstomycountry
DOJ has indicated that they will not be Mirandizing the Marathon bombing suspect for now, invoking the public safety exception established by New York v. Quarles. Here’s what the public safety exception is, and what it isn’t.

The public safety exception is an exception to the general rule from Miranda v. Arizona that police must inform a Defendant of their right to remain silent, and of their right to assistance of counsel, before engaging in a custodial interrogation. A custodial interrogation is a course of questioning by law enforcement officials which takes place “after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.”

The importance of these two factors: (1) custody and (2) questioning by law enforcement, lays in their combined potency. A person who is asked questions by police, but is not in custody, is theoretically free to ignore their questions and walk away. A person who is in custody, but is not being questioned, is not being unfairly compelled as a witness against themselves.

But when both factors are present, the coercive nature of being detained by police creates psychological pressures which may cause one to speak where one would ordinarily not do so voluntarily. Thus, Miranda warnings ensure that the Defendant knows they don’t have to speak to the police, even if their custodial environment may cause them to feel compelled to do so.

The public safety exception was issued by the Supreme Court in New York v. Quarles. In this case, a woman approached two police officers and told them she had just been raped. She described her assailant, and told the police that the man had just entered a local supermarket with a gun. One of the police officers entered the market and spotted the suspect. The officer stopped him, frisked him, and discovered an empty gun holster. Upon discovering the empty gun holster, the officer asked the suspect where the gun was. The suspect nodded towards some empty milk cartons, where the officer later found the gun. The suspect was arrested, and later read his Miranda rights.

The Court decided that under these facts, a “public safety exception” to Miranda was justified. They noted the Miranda Court’s acknowledgment that the risk of fewer convictions was a price worth paying to ensure that Defendants were not treated unfairly by police. However, the Court noted that in cases where an imminent threat looms at large, the police may dispose with Miranda rights and conduct a brief line of questioning if they believe it will help them neutralize the imminent threat. In this case, the imminent threat was the possible presence of a handgun in the supermarket, which the Court said “posed more than one danger to the public safety: an accomplice might make use of it, or a customer or employee might later come upon it.”

The public safety exception has been expanded in later cases, and often goes hand-in-hand with the “Constitutionally Dubious 48-Hour Hold,” wherein police hold a suspect for 48 hours without charge or bail, so they can continue their investigation of criminal activity. The public safety exception was expanded by the Second Circuit Court of Appeals in United States v. Khalil, where two Defendants affiliated with Hamas were intercepted while trying to blow up a train. They were both “disabled” by federal agents in a shoot-out, and were interrogated at the hospital without Miranda rights being read to them. The Second Circuit held that, despite the fact that the Defendants were obviously not free to leave the hospital, and were in pain from their injuries, their statements were not coerced, and the public safety exception applied....



This is only part of his post, you can read the whole thing here. It's some pretty cool insight into the public safety exception to Miranda rights.

This is copypasta of an earlier post of mine.
^^The above is a Cryptic Metaphor^^


"To know the truth of history is to realize its ultimate myth and its inevitable ambiguity." Everything is made up and the facts don't matter.


MUSIC THEORY LINK
#5
Rockingamer is giving me such a constitutional law boner right now.
BOOM-SHAKALAKALAKA-BOOM-SHAKALAKUNGA
#6
Isn't he in a pretty bad way atm anyway?
But boys will be boys and girls have those eyes
that'll cut you to ribbons, sometimes
and all you can do is just wait by the moon
and bleed if it's what she says you ought to do
#7
+1 Rockingamer for that awesome post

...and another +1 for giving sniplefritz a constitutional law boner
Gibson SG (JN & JB)
Squier Strat

Ibanez TS9
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Dunlop Cry Baby
Boss DS-1

Fender Blues Junior
Crate 15w
#8
this is pretty much 1984. i cant believe the american government would stoop so low as to ignore their own laws (has no one heard of the 5th amendment?). if we had voted for ron paul this would never have happened.
#9
He can't speak...right to remain silent? lmfao not reading his rights is not gonna change that
I'm not saying not to trust the internet, but there's an alarming discrepancy between the number of iPads I've won & the number of iPads I own.
#10
Quote by devourke
this is pretty much 1984. i cant believe the american government would stoop so low as to ignore their own laws (has no one heard of the 5th amendment?). if we had voted for ron paul this would never have happened.


THE BRAVERY IS SO
#11
Well that's an absolutely horrible idea because using any information obtained now that's used in court won't hold up because it'll be deemed unconstitutional under the 14th and 5th amendments, he could appeal it all the way to the Supreme Court. I don't know if that'll happen though
#12
You're all so late, we knew that hours after his arrest and we also knew that the public safety exception allows it.
#13
Quote by devourke
this is pretty much 1984. i cant believe the american government would stoop so low as to ignore their own laws (has no one heard of the 5th amendment?). if we had voted for ron paul this would never have happened.



My god this is like a quote from south park...
Quote by Horsedick.MPEG
How do you prepare tea?

Quote by theogonia777
thrown into the boston harbor

Quote by Crofty89
Only if you boil the ocean first



JUST BOUGHT SIKTH DEATH OF A DEAD DAY ALBUM FROM THE US AND IT CAME WITH THE 6 YEAR OLD SIGNED POSTER (30/4/12) WIN
#14
Quote by devourke
this is pretty much 1984. i cant believe the american government would stoop so low as to ignore their own laws (has no one heard of the 5th amendment?). if we had voted for ron paul this would never have happened.



My god this is like a quote from south park...
Quote by Horsedick.MPEG
How do you prepare tea?

Quote by theogonia777
thrown into the boston harbor

Quote by Crofty89
Only if you boil the ocean first



JUST BOUGHT SIKTH DEATH OF A DEAD DAY ALBUM FROM THE US AND IT CAME WITH THE 6 YEAR OLD SIGNED POSTER (30/4/12) WIN
#15
Quote by devourke
this is pretty much 1984. i cant believe the american government would stoop so low as to ignore their own laws (has no one heard of the 5th amendment?). if we had voted for ron paul this would never have happened.



My god this is like a quote from south park...
#16
Quote by devourke
this is pretty much 1984. i cant believe the american government would stoop so low as to ignore their own laws (has no one heard of the 5th amendment?). if we had voted for ron paul this would never have happened.

My god this is like a quote from King Of The Hill...

naw wait, it reminds me of something else actually
But boys will be boys and girls have those eyes
that'll cut you to ribbons, sometimes
and all you can do is just wait by the moon
and bleed if it's what she says you ought to do
#17
Quote by devourke
this is pretty much 1984. i cant believe the american government would stoop so low as to ignore their own laws (has no one heard of the 5th amendment?). if we had voted for ron paul this would never have happened.


My god this is like a quote from south park...
THE FORUM UPDATE KILLED THE GRADIENT STAR

Baltimore Orioles: 2014 AL Eastern Division Champions, 2017: 75-84
Baltimore Ravens: 2012 World Champions, 2017: 2-1
2017 NFL Pick 'Em: 32-15
#18
Quote by devourke
this is pretty much 1984. i cant believe the american government would stoop so low as to ignore their own laws (has no one heard of the 5th amendment?). if we had voted for ron paul this would never have happened.

My god this is like a quote from south park...
STಠ_ಠ
#20
Quote by devourke
this is pretty much 1984. i cant believe the american government would stoop so low as to ignore their own laws (has no one heard of the 5th amendment?). if we had voted for ron paul this would never have happened.


My god this is like a quote from south park...
Quote by joshua garcia
I was incredibly drunk and only really remember writing a fanfic where ESP was getting porked by a pony.

Quote by guitar0player
I'd honestly fap to anything with a set of genitals as long as I find it aesthetically appealing.
#21
Quote by devourke
this is pretty much 1984. i cant believe the american government would stoop so low as to ignore their own laws (has no one heard of the 5th amendment?). if we had voted for ron paul this would never have happened.

My god this is like a quote from family guy...
Quote by lambofgod127
btw im in hs and im almost 18 so if u do think she was flirting with me dont say that its wrong im almost a grown man.




༼ ▀̿Ĺ̯▀̿ ̿ ༽ WE ARE ROB ༼ ▀̿Ĺ̯▀̿ ̿ ༽
#22
Quote by devourke
this is pretty much 1984. i cant believe the american government would stoop so low as to ignore their own laws (has no one heard of the 5th amendment?). if we had voted for ron paul this would never have happened.


My south park this is like a quote from god....
Quote by drop-dead666
You're a retard, read Scourges posts. There is already a system folder, why do I need a system32.
#23
Seriously though he isn't going to get a trial they are just going to ship his ass to gitmo so none of this really matters anyway.
Quote by joshua garcia
I was incredibly drunk and only really remember writing a fanfic where ESP was getting porked by a pony.

Quote by guitar0player
I'd honestly fap to anything with a set of genitals as long as I find it aesthetically appealing.
#24
Good job guys I swear for a second there my browser was broken; I kept scrolling and I kept getting the same comment.

Quote by emad
jthm_guitarist
Warned for trolling!


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Didn't you say that you had a stuffed fox that you would occasionally fuck?

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It's not a fox,it's a wolf.
#25
Quote by losing battle
Seriously though he isn't going to get a trial they are just going to ship his ass to gitmo so none of this really matters anyway.

Why would they do that?
But boys will be boys and girls have those eyes
that'll cut you to ribbons, sometimes
and all you can do is just wait by the moon
and bleed if it's what she says you ought to do
#26
Quote by Hydra150
Why would they do that?

Dude's not even brown.
^^The above is a Cryptic Metaphor^^


"To know the truth of history is to realize its ultimate myth and its inevitable ambiguity." Everything is made up and the facts don't matter.


MUSIC THEORY LINK
#27
Quote by Hydra150
Why would they do that?

open your eyes to the steady erosion of rights happening in this country. obama is trying to take our guns, our privacy, our internet (he's trying to censor the internet with CISPA, you probably haven't heard of it), all in the name of increased security. there's a famous quote that goes something like "he who would sacrifice freedom for security, deserves neither" and i think this holds truer and truer every day under the administration of either of the "two" main parties. i quoted two, because they're actually the same when you open your eyes. i wouldn't be surprised if this whole boston bomber thing was a false flag operation to help push through more anti-weapon bills. this won't last. soon the citizens of america will have no choice but to take up arms and take back our country, and i plan to be at the front lines when that happens.

vote ron paul
#28
Quote by devourke
open your eyes to the steady erosion of rights happening in this country. obama is trying to take our guns, our privacy, our internet (he's trying to censor the internet with CISPA, you probably haven't heard of it), all in the name of increased security. there's a famous quote that goes something like "he who would sacrifice freedom for security, deserves neither" and i think this holds truer and truer every day under the administration of either of the "two" main parties. i quoted two, because they're actually the same when you open your eyes. i wouldn't be surprised if this whole boston bomber thing was a false flag operation to help push through more anti-weapon bills. this won't last. soon the citizens of america will have no choice but to take up arms and take back our country, and i plan to be at the front lines when that happens.

vote ron paul

My god this is like a quote from south park...
But boys will be boys and girls have those eyes
that'll cut you to ribbons, sometimes
and all you can do is just wait by the moon
and bleed if it's what she says you ought to do
#29
i feel the bomber did the right thing, every one living there happy go lucky lives, getting stressed when you get cut off, **** you.
****in lets kill more people
lets see what its like not living in a babied county where your food is brought to your front door and you sue people for calling you names
**** your self and die
#30
Quote by linkSC
i feel the bomber did the right thing, every one living there happy go lucky lives, getting stressed when you get cut off, **** you.
****in lets kill more people
lets see what its like not living in a babied county where your food is brought to your front door and you sue people for calling you names
**** your self and die

Fuck YEah
RATM
**** the Sistem
But boys will be boys and girls have those eyes
that'll cut you to ribbons, sometimes
and all you can do is just wait by the moon
and bleed if it's what she says you ought to do
Last edited by Hydra150 at Apr 22, 2013,
#31
Quote by linkSC
i feel the bomber did the right thing, every one living there happy go lucky lives, getting stressed when you get cut off, **** you.
****in lets kill more people
lets see what its like not living in a babied county where your food is brought to your front door and you sue people for calling you names
**** your self and die

fight me irl. i'll knock you out 1 punch. they call my left fist great white shark and my right fist falling coconuts. i was raised by a pack of wild wolves until they were all slaughtered by a herd of roaming bears. i was the only one left alive, and i had to fight my way through a mixture of no less than 9 hungry polar, grizzly and koala bears. i still bear the scars on my face. i was trained in a mix of jujitsu, muaythai and karate styles, and i became a 3rd dan black belt in all of them.


when i was only 8.


ill wreck you mate.
#32
Quote by devourke
fight me irl. i'll knock you out 1 punch. they call my left fist great white shark and my right fist falling coconuts. i was raised by a pack of wild wolves until they were all slaughtered by a herd of roaming bears. i was the only one left alive, and i had to fight my way through a mixture of no less than 9 hungry polar, grizzly and koala bears. i still bear the scars on my face. i was trained in a mix of jujitsu, muaythai and karate styles, and i became a 3rd dan black belt in all of them.

when i was only 8.

ill wreck you mate.


lol
Quote by GLP_Arclite
Pooping is well good though, to be fair.


I've got a handle on the fiction.

I'm losing my grip, 'cos I'm losing my fingers.
#33
Quote by linkSC
i feel the bomber did the right thing, every one living there happy go lucky lives, getting stressed when you get cut off, **** you.
****in lets kill more people
lets see what its like not living in a babied county where your food is brought to your front door and you sue people for calling you names
**** your self and die


You're like a cute little bunny rabbit.
#34
Since when does "not hearing somebody read what rights you have" equate to "not having any rights"?

EDIT: Yes, this is a legitimate question.
Last edited by Butt Rayge at Apr 22, 2013,
#35
Quote by linkSC
i feel the bomber did the right thing, every one living there happy go lucky lives, getting stressed when you get cut off, **** you.
****in lets kill more people
lets see what its like not living in a babied county where your food is brought to your front door and you sue people for calling you names
**** your self and die


Quote by Ian_the_fox
You're not girly enough of a boy for me, and you're not man enough to take the top. So like, sorry bitch but you ain't mine! Sorry.
#36
Quote by linkSC
i feel the bomber did the right thing, every one living there happy go lucky lives, getting stressed when you get cut off, **** you.
****in lets kill more people
lets see what its like not living in a babied county where your food is brought to your front door and you sue people for calling you names
**** your self and die

Quote by lambofgod127
btw im in hs and im almost 18 so if u do think she was flirting with me dont say that its wrong im almost a grown man.




༼ ▀̿Ĺ̯▀̿ ̿ ༽ WE ARE ROB ༼ ▀̿Ĺ̯▀̿ ̿ ༽
#37
Quote by linkSC
i feel the bomber did the right thing, every one living there happy go lucky lives, getting stressed when you get cut off, **** you.
****in lets kill more people
lets see what its like not living in a babied county where your food is brought to your front door and you sue people for calling you names
**** your self and die


Seriously mate, you are treading a very fine line. If you want to continue posing here then you need to take a step back. Then put your left leg in, left leg out, in, out, in, out then shake it all about. YOU DO THE HOKEY COKEY AND YOU TURN AROUND. That my friend....is what it's all about. Shamone mother****er.
#38
Quote by linkSC
i feel the bomber did the right thing, every one living there happy go lucky lives, getting stressed when you get cut off, **** you.
****in lets kill more people
lets see what its like not living in a babied county where your food is brought to your front door and you sue people for calling you names
**** your self and die

STಠ_ಠ
#39
Quote by JackalUK
Seriously mate, you are treading a very fine line. If you want to continue posing here then you need to take a step back. Then put your left leg in, left leg out, in, out, in, out then shake it all about. YOU DO THE HOKEY COKEY AND YOU TURN AROUND. That my friend....is what it's all about. Shamone mother****er.


Started on the sauce early, eh Jackal?
Quote by GLP_Arclite
Pooping is well good though, to be fair.


I've got a handle on the fiction.

I'm losing my grip, 'cos I'm losing my fingers.
#40
Quote by JackalUK
Seriously mate, you are treading a very fine line. If you want to continue posing here then you need to take a step back. Then put your left leg in, left leg out, in, out, in, out then shake it all about. YOU DO THE HOKEY COKEY AND YOU TURN AROUND. That my friend....is what it's all about. Shamone mother****er.

Hokey Cokey?

I've been doing it wrong all my life! You lied to me, Ms. Dehner!
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