Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: Poll_Blind could give less of a shit about the exact moment he's read his Miranda rights. [View all]Yo_Mama
(8,303 posts)75. There is a public safety exception rom Miranda penalties under certain circs
That's included with Miranda rights.
This is a very obvious case in which public safety is of concern.
There are public safety exemptions or exceptions to most of the Bill of Rights. So, police can't come into your house without a warrant, but if a policeman hears gunshots and screams, the police officer is allowed to break in - in the cause of protecting life.
This is not a strained interpretation of the public safety provision, so no one's rights are being injured here and it sets no bad or new precedent.
http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest
Whenever the prosecution seeks in its direct case to introduce a statement made by a suspect while in custody and in response to interrogation, it must prove that the subject was warned of specific rights and voluntarily waived those rights.4
Now the penalty for not following Miranda procedures is that statements gained from the non-Mirandized statements cannot be introduced in court, and evidence developed from those statements will be thrown out. The public safety exception just means that evidence gained from such questions can be introduced in court.
That's really the only "teeth" that Miranda has, but those are big teeth.
However in this case there is tremendous evidence accumulated before arrest combined with the physical facts of the arrest and the prosecution does not need to rely on any of these statements to do anything except possibly protect the public, so the authorities would have to be crazy to immediately read the guy his Miranda rights. No, instead they are going to ask questions about other bombs and materials out there. Stuff like that.
There's a reason why the public safety exception exists, it exists to protect other people's rights, and they are not doing anything odd or illegal here. They took him to the hospital for medical treatment, so questioning will be limited anyway.
Even if a judge later found that their questioning crossed the acceptable line, all it would mean wouldevi be that his answers to those questions, or any evidence found on the basis of those questions, would not be admissible. It would not contaminate all the other evidence.
If you stop and think about what law enforcement priorities are supposed to be, failure to allow the public safety exception would force cops to ask those questions any way. At all stages of any investigation or arrest, public safety is supposed to be preeminent. It isn't always, but it is supposed to be. The courts are not going to create a situation that forces cops and prosecutors to abandon prosecutions in order to protect the lives of others.
Edit history
Please sign in to view edit histories.
Recommendations
0 members have recommended this reply (displayed in chronological order):
95 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
Poll_Blind could give less of a shit about the exact moment he's read his Miranda rights. [View all]
Poll_Blind
Apr 2013
OP
If they don't mirandize him, they can't use anything he says to prosecute him
Dorian Gray
Apr 2013
#11
Exactly. Some think using the exemption is equivalent to waterboarding or something.
randome
Apr 2013
#18
It jeopardizes the prosecution...IN AN EPISODE OF MATLOCK. In this case, in THIS case...
Poll_Blind
Apr 2013
#7
IMO, there are scores of victims in the hospital right now who are more deserving.
Poll_Blind
Apr 2013
#13
I find it disgusting that you are using that kids photo in such a manner.
Gravitycollapse
Apr 2013
#17
That suspect has rights and priveleges afforded to him. One of them is innocence...
Gravitycollapse
Apr 2013
#34
Your OP has nothing to do with your gross exploitation of that childs photo.
Gravitycollapse
Apr 2013
#41
Still didn't bother to read my OP. It's not arguing for his deprivation of rights, it's...
Poll_Blind
Apr 2013
#46
Again, not talking about your OP. I'm talking about your disgusting use of that child's photo.
Gravitycollapse
Apr 2013
#50
Eat it. On ignore forever. If you knew how short that list was, you'd feel special. nt
Poll_Blind
Apr 2013
#53
I have no compassion for him. His soul is lost. But we obey the laws for all our sakes.
Honeycombe8
Apr 2013
#19
No one here knows him. He may be every bit a monster as the acts he perpetrated.
randome
Apr 2013
#26
I am not talking about broad policy, I am talking about the unusual FIXATION as to...
Poll_Blind
Apr 2013
#28
Did you read my op? This guy may not even be conscious yet. That's the point. nt
Poll_Blind
Apr 2013
#33
Clock watching- while not taking into account they guy is probably unconcious.
Poll_Blind
Apr 2013
#62
I'm saying the guy is probably not even CONSCIOUS to respond to whether they've been read at all. nt
Poll_Blind
Apr 2013
#51
It's astounding how naive the average American is with regard to the justice system.
Zorra
Apr 2013
#55
I have to agree. As you and I think at least one other person pointed out, people...
Poll_Blind
Apr 2013
#64
In this case, they don't want to. The public safety exception makes it so they are not required to.
Zorra
Apr 2013
#70
Rights apply to all or they apply to none. That is why I give a flying fuck.
Luminous Animal
Apr 2013
#72
And this applies to all: they have 48 hours with no Miranda to figure out if there are others
Recursion
Apr 2013
#78
I think if you get past the harshness of his post & read through the entire thing it does make sense
davidpdx
Apr 2013
#81
The OP assumes his guilt, but can't definitely prove it. That's a flaw in his argument
davidpdx
Apr 2013
#83
One thing I don't think many people are considering is how badly he may have been hurt
davidpdx
Apr 2013
#79
And provided it doesn't result in people who aren't half dead getting their rights late that's fine.
Donald Ian Rankin
Apr 2013
#86
Law is not about this or any "particular guy", whenever it does it is eroded.
TheKentuckian
Apr 2013
#94