Reports of explosions at 2013 Boston Marathon

Discussion in 'Miscellaneous' started by JoeZhang, Apr 15, 2013.

  1. Mr. Laser Beam

    Mr. Laser Beam Fleet Admiral Admiral

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    I feel sorry for the defense attorney that has to take this asshole's case.
     
  2. Tora Ziyal

    Tora Ziyal Vice Admiral Admiral

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    Sleep well tonight, Boston!

    I'm glad he was caught alive.
     
  3. gturner

    gturner Admiral

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    I feel sorry for the future tenure committee that has to decide if he gets a full professorship.
     
  4. Captain_Nick

    Captain_Nick Vice Admiral Admiral

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    Thats great news, I can finally get some sleep now
     
  5. gturner

    gturner Admiral

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    Now this is funny. It looks like an FBI agent had climbed halfway over a tall wrought iron gate with a spiky top when it just swung open, so the other agent just walked on past. It might be an animated GIF in your future.
     
  6. not

    not Lieutenant Commander Red Shirt

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    He wasn't mirandized because of a "public safety exception"; I'm wondering if it will be an issue at trial
     
  7. Mr. Laser Beam

    Mr. Laser Beam Fleet Admiral Admiral

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    Since that exception is allowed under the law, I doubt its use could be exploited by the defense in that way.
     
  8. gturner

    gturner Admiral

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    Yep. That'll be a problem. There is no public safety exception to the Miranda warning. Anything he says will be inadmissible, as will anything discovered as a result.
     
  9. Mr. Laser Beam

    Mr. Laser Beam Fleet Admiral Admiral

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    Actually, yes, there is.
     
  10. not

    not Lieutenant Commander Red Shirt

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    I wanted to check if it has ever been challenged; is it part of the Patriot act?
     
  11. Mr. Laser Beam

    Mr. Laser Beam Fleet Admiral Admiral

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  12. Snaploud

    Snaploud Admiral Admiral

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    It comes from a 1980 Supreme Court decision called New York v. Quarles:

    http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest
     
  13. gturner

    gturner Admiral

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    Ah, the Supreme Court added one in 1980. :)

    They'll still have to be very careful to stay within its guidelines, but I'd assume the police doing the questioning are the top of the field.
     
  14. not

    not Lieutenant Commander Red Shirt

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    Was this a "kaleidoscopic situation"? The police had control of the area, unlike a grocery store or a public space. I'm not so sure his lawyers will not argue this because it will likely be a death penalty case -
     
  15. gturner

    gturner Admiral

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    That sounds like a horrible case for carving such an exception. The suspect dumped his gun in a grocery aisle and that created an immediate threat to public safety? It's not like a pistol in a pile of broccoli is going to get up and start shooting people, unlike a bomb with a timer.

    Was the gun a clear threat to public safety, or were the police just feeling too lazy to go search for all the evidence, reaching behind all the cereal boxes and canned goods and creating a terrible mess to cleanup on aisle 3? If a gun in a store is such a dire and immediate threat to public safety, then why are gun stores with whole shelves of them such a safe place for police and the public to hang out?

    The current incident would be a much, much better case for establishing such an exception.
     
  16. gturner

    gturner Admiral

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    And I've just been told that the Miranda angle was bogus, and that the did in fact issue him the warning.
     
  17. not

    not Lieutenant Commander Red Shirt

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    I heard the AG say otherwise at the news conference
     
  18. bigdaddy

    bigdaddy Vice Admiral Admiral

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    No. I'm good with what I said, and stand by it. He got out of the search area and after the illegal police state was lifted a citizen found him in his boat.

    So the cops fucked up big time.
     
  19. not

    not Lieutenant Commander Red Shirt

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    Crap you are hard on the police; they did a consequential job and it cost some their lives
     
  20. gturner

    gturner Admiral

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    I saw there was a news conference where the AG said they wouldn't be issuing the warning, but I don't have a source for where someone said they didn't skip it. However, if the suspect was unresponsive (possibly another injury from the flash bang) it wouldn't matter yet.

    I did see this bit:

    Waterboarding, electrodes to the genitals, sleep deprivation: He'll talk. :lol: