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Old April 20 2013, 02:16 AM   #166
Tora Ziyal
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Re: Reports of explosions at 2013 Boston Marathon

Sleep well tonight, Boston!

I'm glad he was caught alive.
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Old April 20 2013, 02:16 AM   #167
gturner
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Re: Reports of explosions at 2013 Boston Marathon

I feel sorry for the future tenure committee that has to decide if he gets a full professorship.
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Old April 20 2013, 02:28 AM   #168
foxhot
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Re: Reports of explosions at 2013 Boston Marathon

From an earlier recent statement by Big Daddy:

And the press conference is....
"We fucked up. We have no clue where the terrorist is, or how the fuck we missed hitting him last night. Our bad, go about your way." - Mass State Police

That makes me feel safe.


Would you care to amend said statement? I admit when I heard the curfew was being lifted, with no solid reports of a capture at the time, that didn't sit well at the time. Could it have been a tactic of some kind?

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Old April 20 2013, 02:35 AM   #169
Collingwood Nick
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Re: Reports of explosions at 2013 Boston Marathon

Thats great news, I can finally get some sleep now
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Old April 20 2013, 02:41 AM   #170
gturner
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Re: Reports of explosions at 2013 Boston Marathon

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.
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Old April 20 2013, 02:50 AM   #171
not
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Re: Reports of explosions at 2013 Boston Marathon

He wasn't mirandized because of a "public safety exception"; I'm wondering if it will be an issue at trial
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Old April 20 2013, 02:52 AM   #172
Mr. Laser Beam
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Re: Reports of explosions at 2013 Boston Marathon

not wrote: View Post
He wasn't mirandized because of a "public safety exception"; I'm wondering if it will be an issue at trial
Since that exception is allowed under the law, I doubt its use could be exploited by the defense in that way.
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Old April 20 2013, 02:54 AM   #173
gturner
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Re: Reports of explosions at 2013 Boston Marathon

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.
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Old April 20 2013, 02:55 AM   #174
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Re: Reports of explosions at 2013 Boston Marathon

gturner wrote: View Post
There is no public safety exception to the Miranda warning.
Actually, yes, there is.
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Old April 20 2013, 02:57 AM   #175
not
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Re: Reports of explosions at 2013 Boston Marathon

Mr. Laser Beam wrote: View Post
not wrote: View Post
He wasn't mirandized because of a "public safety exception"; I'm wondering if it will be an issue at trial
Since that exception is allowed under the law, I doubt its use could be exploited by the defense in that way.
I wanted to check if it has ever been challenged; is it part of the Patriot act?
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Old April 20 2013, 03:00 AM   #176
Mr. Laser Beam
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Re: Reports of explosions at 2013 Boston Marathon

^ No, it isn't.
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Old April 20 2013, 03:03 AM   #177
Snaploud
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Re: Reports of explosions at 2013 Boston Marathon

not wrote: View Post
Mr. Laser Beam wrote: View Post
not wrote: View Post
He wasn't mirandized because of a "public safety exception"; I'm wondering if it will be an issue at trial
Since that exception is allowed under the law, I doubt its use could be exploited by the defense in that way.
I wanted to check if it has ever been challenged; is it part of the Patriot act?
It comes from a 1980 Supreme Court decision called New York v. Quarles:

http://www.fbi.gov/stats-services/pu...1/legal_digest
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Old April 20 2013, 03:04 AM   #178
gturner
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Re: Reports of explosions at 2013 Boston Marathon

Mr. Laser Beam wrote: View Post
gturner wrote: View Post
There is no public safety exception to the Miranda warning.
Actually, yes, there is.
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.
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Old April 20 2013, 03:09 AM   #179
not
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Re: Reports of explosions at 2013 Boston Marathon

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 -
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Old April 20 2013, 03:17 AM   #180
gturner
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Re: Reports of explosions at 2013 Boston Marathon

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.
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