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LanternWaste

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44. I'm only guessing, but I would think that the FBI...

Thu Apr 25, 2013, 10:37 AM

Apr 2013

I'm only guessing, but I would think that the FBI had the forethought (if not an already standardized policy) to separate their questions into two categories: one set predicated on imminent danger to the community asked prior to mirandizing him, and another wholly separate set asked after mirandizing him designed to be used used in court.

The first set (prior to mirandizing) would be designed to make sure that any clear and present danger to the community would be minimized (any bombs still out there? any booby-traps set? any accomplices? where did you train/get your intel?, etc.). Regardless of his answers, there may not be a requirement for these same questions to come up in court if the feds believe they have enough additional evidence to still convict him once trial begins.

Again, this is just guesswork on my part...

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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