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ACLU Eyes Boston Bombing Suspect's Miranda Rights
ABCNews ^ | April 20, 2013

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 ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: aclu; boston; marathon; miranda; mirandawarning
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1 posted on 04/20/2013 2:04:05 PM PDT by Steelfish
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To: Steelfish

We’re all going to wish this kid had his arse blown off yesterday by the time the media finishes with the case.


2 posted on 04/20/2013 2:06:10 PM PDT by skeeter
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To: Steelfish

Commies supporting muzzies. Brothers of the faith, all murdering thugs.


3 posted on 04/20/2013 2:06:56 PM PDT by RetiredArmy (1 Cor 15: 50-54 & 1 Thess 4: 13-17. That about covers it.)
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To: skeeter; Steelfish

I agree. Part of me really wish they would have just killed him. I guess if we get some information out of him, it might be worth it, but nothing is known. It certainly could have been just the two of them.


4 posted on 04/20/2013 2:07:12 PM PDT by napscoordinator (Santorum-Bachmann 2016 for the future of the Country!)
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To: Steelfish

You have to let him go if he wasn’t read his Miranda rights and the state must pay handsomely if the one who was killed wasn’t Mirandized before he was shot.

It’s only fair, ya know?

/Sarcasm/

IMHO


5 posted on 04/20/2013 2:08:55 PM PDT by ripley
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To: Steelfish

STFU


6 posted on 04/20/2013 2:08:55 PM PDT by Eleutheria5 (End the occupation. Annex today.)
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To: Steelfish

How does MA deal with 19year old criminals? Is it the same as those over 21?


7 posted on 04/20/2013 2:08:58 PM PDT by aimhigh ( Guns do not kill people. Abortion kills people.)
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To: Steelfish

I am not buying that he hasn’t already been read/advised of his Miranda rights.


8 posted on 04/20/2013 2:09:04 PM PDT by Gator113 ( ~just keep livin~ I drink good wine, listen to good music and dream good dreams.)
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To: Steelfish

Article on Miranda rights...

http://www.volokh.com/2013/04/20/tsarnaev-and-miranda-rights/

Exerpt from above article;

Law enforcement has successfully captured Dzhokar Tsarnaev, and DOJ has announced that Tsarnaev is being interrogated without first being read his Miranda rights because the DOJ thinks that the public safety exception to Miranda applies. Back in 2010, I blogged a lot about Miranda in this setting. Here are a few reminders about the law here:

1) 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.


9 posted on 04/20/2013 2:09:41 PM PDT by justice14 ("Christ is Victorious" / @rjustice21)
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To: Steelfish

A lot of hubbub on this topic. All I care to add is that I’ve always thought the SC’s ruling that an arrested person has to be read their “Miranda rights” is one of the stupidest, most dingbat things they ever did. Coincided with that whole late-60s era of insanity that has led to America becoming such a pathetic, decaying circus of a country that it now is.


10 posted on 04/20/2013 2:12:54 PM PDT by greene66
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To: Steelfish

Americans eye ACLU as subversive.


11 posted on 04/20/2013 2:14:04 PM PDT by Ray76 (Do you reject Obama? And all his works? And all his empty promises?)
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To: Steelfish

When the problem becomes the problem of the ones who created the problem the problem is solved.

I foresee tort reform in America’s future.


12 posted on 04/20/2013 2:15:07 PM PDT by stars & stripes forever ((Blessed is the nation whose God is the Lord!))
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To: Steelfish

Is this a case of “nudge, nudge, wink, wink, we’ll question you without advising you of your Miranda rights so you can say something (perhaps worthless) and have all kinds of facts thrown out in court?

Slam the sucker in jail. Then advise other prisoners of their right to know that this little weasel and his brother killed several people, including a little boy, and blew the limbs off a dozen people. Seemingly without being concerned about it.


13 posted on 04/20/2013 2:18:48 PM PDT by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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To: skeeter

read him his Miranda rights, then hang him.

Problem solved.


14 posted on 04/20/2013 2:21:06 PM PDT by Psiman (PS I am not a crackpot)
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To: Steelfish

These Islamic barbarians committed a treasonous act of war against the United States during time of war. They, er, he should be tried by a military court and hanged as a traitor.


15 posted on 04/20/2013 2:21:20 PM PDT by Jim Robinson (Resistance to tyrants is obedience to God!!)
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To: Ray76

Describing the ACLU as subversive is FAR to kind.


16 posted on 04/20/2013 2:22:00 PM PDT by SandRat (Duty - Honor - Country! What else needs said?)
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To: Steelfish

Just so everybody knows, real life is not Law & Order. Unless he gave a post-custody/pre-Miranda confession, and that’s the only evidence we have, it’s not going to matter a whole lot.


17 posted on 04/20/2013 2:22:13 PM PDT by cdcdawg
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To: FReepers; Patriots; FRiends




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18 posted on 04/20/2013 2:23:54 PM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: napscoordinator

It certainly COULD be just those two. But, if there are more like him that he knows something about, does anyone really think this kid is going to talk about it? How are they going to get him to talk w/o violating his “rights”. He’s a US citizen.


19 posted on 04/20/2013 2:24:47 PM PDT by fivecatsandadog (Let's not be so open-minded that our brains fall out.)
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To: ripley

I really think we should extend trial by jury to enemies on the battlefield before our troops can pull a trigger. And a grand jury before they can aim.

And mirandized before they can go on patrol.

/sarc


20 posted on 04/20/2013 2:25:27 PM PDT by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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To: Eleutheria5

LOL. I agree, if you don’t have anything to say then just ...


21 posted on 04/20/2013 2:27:37 PM PDT by InterceptPoint
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To: Steelfish
Wow that's horrible.
22 posted on 04/20/2013 2:28:09 PM PDT by 4Liberty (Some on our "Roads & Bridges" head to the beach. Others head to their offices, farms, libraries....)
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To: Steelfish

Some brilliant photoshopper can come up with an image of “Special interrogation team for high-value suspects” in the style of Obama.


23 posted on 04/20/2013 2:29:32 PM PDT by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: Steelfish

Today Larry Kudlow had Washington DC, former US Attorney Joe DiGenova on his radio show and DiGenova laid the blame for the FBI cutting the terrorist brother loose directly on Obama and his policy of Muslim appeasement.


24 posted on 04/20/2013 2:30:00 PM PDT by KeyLargo
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To: Jim Robinson

No, Obama already won the war and America has no more enemies. Therefore, it wasn’t treason to throw bombs at a crowd of sports enthusiasts, only...rambunctiousness. Yeah. That’s the ticket./sarc?


25 posted on 04/20/2013 2:32:52 PM PDT by Eleutheria5 (End the occupation. Annex today.)
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To: Steelfish

I’d love to waterboard ACLU Executive Director Anthony Romero ~


26 posted on 04/20/2013 2:34:00 PM PDT by muawiyah
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To: ripley

I am sure that should they name the time and place of his release ........ the people would take care of the problem.


27 posted on 04/20/2013 2:34:56 PM PDT by muawiyah
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To: muawiyah

Any relation to Caesar? What a joker.


28 posted on 04/20/2013 2:36:04 PM PDT by Eleutheria5 (End the occupation. Annex today.)
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To: Ray76

I look at the ACLU as though there are merely an agent for NAMBLA and nothing more than that.


29 posted on 04/20/2013 2:36:19 PM PDT by muawiyah
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To: Steelfish

Being read his Miranda rights only means that he understands the consequences of talking and that if he requests a lawyer, one must be provided. But it doesn’t mean that the FBI can’t question him. The information the FBI gets from him about his contacts, the number and names of people in his cell, who has been providing material and monetary support is far more valuable than any information he could provide useful to his conviction.


30 posted on 04/20/2013 2:36:59 PM PDT by Blood of Tyrants (Inside every liberal and WOD defender is a totalitarian screaming to get out.)
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To: Steelfish

Let him go. It’s MA. Shove their idiotic laws and policies in their face.


31 posted on 04/20/2013 2:45:26 PM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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32 posted on 04/20/2013 3:10:25 PM PDT by RedMDer (May we always be happy and may our enemies always know it. - Sarah Palin, 10-18-2010)
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To: Steelfish

The terror masters knew to make him a citizen before these attacks were carried out because they knew the left wing in this country(like the ACLU) would come running to his rescue should he be caught. He got his citizenship on Sept. 11,2012. That was no accident either. His older brother was working towards citizenship, but was denied for run in with law.


33 posted on 04/20/2013 3:28:34 PM PDT by penelopesire (TIME FOR OBAMA TO ANSWER FOR BENGHAZI UNDER OATH!!)
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To: Steelfish

We are better off trying to get information from this guy about why, how and by whom he was “turned”.

As far as Miranda Rights are concerned, remember this. This did NOT happen - his capture - on foreign soil. Technically he is not a guerrilla fighter unprotected by the Geneva Convention.

He is a civilian who committed a crime on U.S. soil - a horrendous crime, but a crime nonetheless.

Frankly I don’t trust Mother Napolitano, Her Bossman Obama or ANY of their underlings with the power to exclude constitutional protections from anyone they deem a “terrorist”.

Just a few days ago Obama’s FBI stated Catholics and Fundamentalist Protestants were “terrorists”.

When Mother Napolitano took over, she clearly stated people who oppose abortion, people who oppose the UN, people who resent paying taxes, people who support the Second Amendment, and Veterans were ALL potential “terrorists”.

THEY are more of a danger to US than this guy who is already in custody and clearly guilty.

The government ALWAYS operates by precedent. Hodie mihi, cras tibi.


34 posted on 04/20/2013 3:29:48 PM PDT by ZULU (See: http://gatesofvienna.net/)
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To: Steelfish

I don’t think it makes a difference regarding the Miranda rights.

It could perhaps be argued that anything he says can not be used against him, but there is enough video evidence to convict him without anything he might say.

In other words, they don’t need Miranda to convict him. Also they can split the Boston bombing and the murdered cop.

Any thoughts?


35 posted on 04/20/2013 3:37:08 PM PDT by babygene ( .)
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To: fivecatsandadog

” How are they going to get him to talk w/o violating his “rights”. He’s a US citizen.”

Miranda is to protect him from self incrimination. It has nothing to do with protecting others that might be involved...


36 posted on 04/20/2013 3:44:28 PM PDT by babygene ( .)
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To: Steelfish

Heck with their rights!!! Every time on of these law breakers do something we lose some of our rights!!!!!


37 posted on 04/20/2013 3:47:29 PM PDT by tallyhoe
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To: Steelfish

Not surprised — everyone wants their 15 minutes of fame. This punk will have his legion of defenders claiming that he was misunderstood.


38 posted on 04/20/2013 4:01:27 PM PDT by Uncle Chip
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To: Steelfish

Gee, I didn’t see this coming. I mean, the ACLU standing up for the enemies of all that is good and right, who would have thought?


39 posted on 04/20/2013 4:11:34 PM PDT by rdl6989
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To: muawiyah
I’d love to waterboard ACLU Executive Director Anthony Romero ~

I'd love to help.

40 posted on 04/20/2013 4:13:06 PM PDT by rdl6989
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To: Steelfish

The left is already mobilizing to get the terrorists released.

Is it time yet?


41 posted on 04/20/2013 4:16:57 PM PDT by Hardraade (http://junipersec.wordpress.com (Vendetta))
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To: Steelfish

ACLU should be on a terrorist watch list.


42 posted on 04/20/2013 4:31:12 PM PDT by JamesA (You don't have to be big to stand tall)
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To: Steelfish

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.


43 posted on 04/20/2013 4:42:12 PM PDT by matt04
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To: justice14

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.


44 posted on 04/20/2013 4:43:52 PM PDT by caww
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To: rdl6989

Teamwork pays off in big dividends.


45 posted on 04/20/2013 4:48:17 PM PDT by muawiyah
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To: rdl6989

.
.

- A Lincoln welder might be helpful

.
.


46 posted on 04/20/2013 4:50:04 PM PDT by devolve ( -- -- liberals secret fuel economy trick -- simply fill up your tires with propane --)
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To: Steelfish

And thus begins the 20-year process of turning Jokar the Bomber into an esteemed professor at Columbia U.


47 posted on 04/20/2013 4:52:17 PM PDT by PaleoBob
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To: Steelfish

“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???????????????????”


48 posted on 04/20/2013 5:18:18 PM PDT by Doc Savage ("I've shot people I like a lot more,...for a lot less!" Raylan Givins)
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To: napscoordinator
There is NO information worth anything coming from this moron. These rectal cavities plant the bombs wearing NO disguises, wearing easily identifiable hats, posing for external video cameras to photograph them face-on, they had NO escape route(s) planned, NO safe-house(s), NO second or third cars planted, NO aliases or false identities stashed, NO money for travel or expenses, NO caches around Boston for re-supply, NO supporters to take them underground, NO exit strategy, NO alibis, they left millions of internet clues to hang them with.

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.

49 posted on 04/20/2013 5:25:44 PM PDT by Doc Savage ("I've shot people I like a lot more,...for a lot less!" Raylan Givins)
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To: ZULU

What information???? These guys were idiots!!!


50 posted on 04/20/2013 5:26:56 PM PDT by Doc Savage ("I've shot people I like a lot more,...for a lot less!" Raylan Givins)
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