Reports of explosions at 2013 Boston Marathon

[Mr. Laser Beam]

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

 

[Tora Ziyal]

Sleep well tonight, Boston!

I'm glad he was caught alive.

 

[gturner]

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

 

[Captain_Nick]

Thats great news, I can finally get some sleep now

 

[gturner]

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.

 

[not]

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

 

[Mr. Laser Beam]

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.

 

[gturner]

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.

 

[Mr. Laser Beam]

There is no public safety exception to the Miranda warning.

Actually, yes, there is.

 

[not]

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?

 

[Mr. Laser Beam]

^ No, it isn't.

 

[Snaploud]

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/publications/law-enforcement-bulletin/february2011/legal_digest

 

[gturner]

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.

 

[not]

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 -

 

[gturner]

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

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.

 

[gturner]

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 -

And I've just been told that the Miranda angle was bogus, and that the did in fact issue him the warning.

 

[not]

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 -

And I've just been told that the Miranda angle was bogus, and that the did in fact issue him the warning.

I heard the AG say otherwise at the news conference

 

[bigdaddy]

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?

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.

 

[not]

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?

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.

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

 

[gturner]

And I've just been told that the Miranda angle was bogus, and that the did in fact issue him the warning.

I heard the AG say otherwise at the news conference

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:

The President’s High-Value Interrogation Group, made up agents from the CIA, FBI and Defense Intelligence Agency, is on standby and waiting to question the suspect, sources tell ABC News.

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