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ancianita

(43,366 posts)

29. Calm down. There's blood lust politics going on in DC but courts still adhere to law.

Thu Apr 25, 2013, 01:06 AM

Apr 2013

There's no slippery slope here; as soon as either brother was throwing explosives out his car window at cops with dashboard cams, the Fifth Amendment goes out the window. To try to pick a fight with the public safety exception, you have to have a case where the suspect is a suspect and not a guilty Life Without Parole plea waiting to happen.

You gotta take into account that the kid's had a tube down his throat, so when he talks, he'll get Mirandized.

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Officials: Suspect described plot before Miranda [View all] Omaha Steve Apr 2013 OP

"Officials who spoke to The AP were close to the investigation but insisted on anonymity" FailureToCommunicate Apr 2013 #1

Must have been on note papers..... Historic NY Apr 2013 #2

I would have to think Gore1FL Apr 2013 #3

Here's the DOJ criminal complaint... msanthrope Apr 2013 #18

A lot of evidence and some eye witness identifications...... Historic NY Apr 2013 #36

This is how to fuck up a prosecution BainsBane Apr 2013 #4

Nonsense. What evidence do you think will be excluded on the basis of no Miranda? nt msanthrope Apr 2013 #6

Nothing he said before Miranda is admissible in court BainsBane Apr 2013 #8

I am pretty sure they got more than enough evidence without a confession. LisaL Apr 2013 #10

You're probably right BainsBane Apr 2013 #12

I'm only guessing, but I would think that the FBI... LanternWaste Apr 2013 #44

So? What evidence--that you now think is excluded---is essential to convict him--i.e. msanthrope Apr 2013 #13

Like I have his file here? BainsBane Apr 2013 #14

Um, dude--the criminal complaint's been online for a few days already..... msanthrope Apr 2013 #17

Thanks. Nt BainsBane Apr 2013 #27

But he can make the same admission after being mirandized. PSPS Apr 2013 #22

Hopefully he did make the statement again. Nt BainsBane Apr 2013 #24

Bullshit. Miranda only covers the time after arrest. eggplant Apr 2013 #30

Obviously BainsBane Apr 2013 #31

I don't agree with that firm conclusion cleduc Apr 2013 #38

I guess we'd need a lawyer or judge to say for sure BainsBane Apr 2013 #39

And the actual transcript of the exhange cleduc Apr 2013 #41

I see BainsBane Apr 2013 #42

I wonder how this will stand up in court? midnight Apr 2013 #5

What evidence do you think will be excluded? Otherwise, it really msanthrope Apr 2013 #7

I'm not sure we can say for sure what the "evidence" is... midnight Apr 2013 #45

of course we can say with the evidence is. the sworn criminal complaint is msanthrope Apr 2013 #48

So sure you are, but I'm not... midnight Apr 2013 #51

Right. I suppose the videos are faked? nt msanthrope Apr 2013 #53

Why do you say this? If you have a link that you think might be helpful, but midnight Apr 2013 #54

The statements may not hold up, but they can question him with a lawyer present davidpdx Apr 2013 #9

The timing of Miranda isn't crucial here, really. ancianita Apr 2013 #21

Yes, that is very true davidpdx Apr 2013 #32

I figure this guy will cooperate fully. delrem Apr 2013 #11

+1 Fearless Apr 2013 #15

When you say 'the law' here, I'm not sure that you're aware of how the law's working here. ancianita Apr 2013 #23

True, people are acting as though he was shipped to Guantanamo and tourtured davidpdx Apr 2013 #55

+2 nt Live and Learn Apr 2013 #35

Look, there is a picture of him with the backpack and jonthebru Apr 2013 #16

Are these the same anonymous officials who have admitted that Dzhokhar was unarmed when arrested? Matilda Apr 2013 #19

You've abandoned Miranda? Brimley Apr 2013 #20

Calm down. There's blood lust politics going on in DC but courts still adhere to law. ancianita Apr 2013 #29

It's not going to matter to his conviction. Ash_F Apr 2013 #25

It doesn't and won't matter. n/t Lil Missy Apr 2013 #26

good move moosewhisperer Apr 2013 #28

Treated as a potential enemy combatant. Big diff. It was the public safety exception that suspended ancianita Apr 2013 #33

I spoke too soon. Investigators are getting a lot out of him, according to the Washington Post. ancianita Apr 2013 #34

Like I said moosewhisperer Apr 2013 #43

Yep. ancianita Apr 2013 #47

No Fly List PADemD Apr 2013 #37

Message auto-removed Name removed Apr 2013 #40

If they interrogated him for the information before Miranda, it could be problematic. Aristus Apr 2013 #46

It's a common misconception, but police don't have to Mirandize any suspect ever. ancianita Apr 2013 #49

I'm not a legal expert. Aristus Apr 2013 #50

Shouldn't be admissable. truebluegreen Apr 2013 #52