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There still appears to be a lot of confusion about Miranda Rights on the internet. What a shock...

 

They are not some mythical right that you are actually granted in that there is NO requirement to read you Miranda Rights. None. If you are arrested and not read your Miranda Rights, that in itself is not a violation of your rights because no such requirement to actually read them to you exists. Where your rights are violated is if information you give while detained is then used against you in a court. You have the right to not have that information used against you in court if you have been read your Miranda Rights.

 

Now, there is a public safety exception that allows no Miranda Rights to be read and still have that information be used in court. And it seems that is what is being used in this case. That is entirely open to debate. The previous paragraph is not.

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Some trivia: the public safety exception was introduced via a Supreme Court decision in 1984 when, in a rape case, the victim indicated her assailant had a gun and police asked him where the gun was prior to reading him his Miranda rights.

 

The extension of the reach of the public safety exception by the Obama administration seems to be a little open ended.

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I would ask that folks stop referring to the MIT police officer as a guard................it's disrespectful to us in law enforcement and he was a actual police officer. Also, I agree with what's been said already, there is no requirement to read the Miranda warning to someone who is under arrest unless you are planning on questioning them about the crime they committed and using that information in court. The fact that some of you are upset that a terrorist who happened to become a US citizen in the past 7 months wasn't read his Miranda warning is shocking to me. He was/is a terrorist, he deserves no rights, and he deserves to rot in hell. They won't be using the information they get from him for criminal purposes, they are going to use that information to identify other terrorists who were involved, if there were anymore. I'm sure several of you that are upset about this POS rights also wonder why cops don't just shoot people in the leg..............don't be a terrorist and you'll have your rights to the Miranda warning and the Constitution. Unbelievable..........

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I would ask that folks stop referring to the MIT police officer as a guard................it's disrespectful to us in law enforcement and he was a actual police officer. Also, I agree with what's been said already, there is no requirement to read the Miranda warning to someone who is under arrest unless you are planning on questioning them about the crime they committed and using that information in court. The fact that some of you are upset that a terrorist who happened to become a US citizen in the past 7 months wasn't read his Miranda warning is shocking to me. He was/is a terrorist, he deserves no rights, and he deserves to rot in hell. They won't be using the information they get from him for criminal purposes, they are going to use that information to identify other terrorists who were involved, if there were anymore. I'm sure several of you that are upset about this POS rights also wonder why cops don't just shoot people in the leg..............don't be a terrorist and you'll have your rights to the Miranda warning and the Constitution. Unbelievable..........

applause.gif

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I would ask that folks stop referring to the MIT police officer as a guard................it's disrespectful to us in law enforcement and he was a actual police officer. Also, I agree with what's been said already, there is no requirement to read the Miranda warning to someone who is under arrest unless you are planning on questioning them about the crime they committed and using that information in court. The fact that some of you are upset that a terrorist who happened to become a US citizen in the past 7 months wasn't read his Miranda warning is shocking to me. He was/is a terrorist, he deserves no rights, and he deserves to rot in hell. They won't be using the information they get from him for criminal purposes, they are going to use that information to identify other terrorists who were involved, if there were anymore. I'm sure several of you that are upset about this POS rights also wonder why cops don't just shoot people in the leg..............don't be a terrorist and you'll have your rights to the Miranda warning and the Constitution. Unbelievable..........

I was following along until this part.

 

And you are in law enforcement?

 

Yes, unbelievable.

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I would ask that folks stop referring to the MIT police officer as a guard................it's disrespectful to us in law enforcement and he was a actual police officer. Also, I agree with what's been said already, there is no requirement to read the Miranda warning to someone who is under arrest unless you are planning on questioning them about the crime they committed and using that information in court. The fact that some of you are upset that a terrorist who happened to become a US citizen in the past 7 months wasn't read his Miranda warning is shocking to me. He was/is a terrorist, he deserves no rights, and he deserves to rot in hell. They won't be using the information they get from him for criminal purposes, they are going to use that information to identify other terrorists who were involved, if there were anymore. I'm sure several of you that are upset about this POS rights also wonder why cops don't just shoot people in the leg..............don't be a terrorist and you'll have your rights to the Miranda warning and the Constitution. Unbelievable..........

 

You should really delete this as soon as possible if you are a cop.

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Nobody's rights are being denied. This is a very simple matter. If you do not read someone their Miranda rights, anything you get from questioning them can NOT be used to convict them in a court of law. That's it. It's just that simple.

 

They can act on any information they get in any way except using any of his statements to help convict him. There is no denial of any rights.

There still appears to be a lot of confusion about Miranda Rights on the internet. What a shock...

 

They are not some mythical right that you are actually granted in that there is NO requirement to read you Miranda Rights. None. If you are arrested and not read your Miranda Rights, that in itself is not a violation of your rights because no such requirement to actually read them to you exists. Where your rights are violated is if information you give while detained is then used against you in a court. You have the right to not have that information used against you in court if you have been read your Miranda Rights.

 

Now, there is a public safety exception that allows no Miranda Rights to be read and still have that information be used in court. And it seems that is what is being used in this case. That is entirely open to debate. The previous paragraph is not.

Some trivia: the public safety exception was introduced via a Supreme Court decision in 1984 when, in a rape case, the victim indicated her assailant had a gun and police asked him where the gun was prior to reading him his Miranda rights.

 

The extension of the reach of the public safety exception by the Obama administration seems to be a little open ended.

What is the limit you would like the Obama admin to impose re: Public safety questions? Number of hours, number of questions? Number of pints of blood lost?

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This conversation is developing into a legal/political discussion. Should I move the whole thread to Politics or just the posts after they captured the goon?

I'd go with everything after. There may still be human interest stories that people want to share.

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I would ask that folks stop referring to the MIT police officer as a guard................it's disrespectful to us in law enforcement and he was a actual police officer. Also, I agree with what's been said already, there is no requirement to read the Miranda warning to someone who is under arrest unless you are planning on questioning them about the crime they committed and using that information in court. The fact that some of you are upset that a terrorist who happened to become a US citizen in the past 7 months wasn't read his Miranda warning is shocking to me. He was/is a terrorist, he deserves no rights, and he deserves to rot in hell. They won't be using the information they get from him for criminal purposes, they are going to use that information to identify other terrorists who were involved, if there were anymore. I'm sure several of you that are upset about this POS rights also wonder why cops don't just shoot people in the leg..............don't be a terrorist and you'll have your rights to the Miranda warning and the Constitution. Unbelievable..........

 

Well said. 1- I doubt they will need to use anything discovered while he is not mirandized to convict him. 2- They very well may learn some things that will prevent further loss of life or discovery of more accomplices. Seems to me they have this guy nailed cold regardless what he may tell them prior to being read his Miranda rights.. It is exactly for these types of situations that the public safety waiver exists.

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I would ask that folks stop referring to the MIT police officer as a guard................it's disrespectful to us in law enforcement and he was a actual police officer. Also, I agree with what's been said already, there is no requirement to read the Miranda warning to someone who is under arrest unless you are planning on questioning them about the crime they committed and using that information in court. The fact that some of you are upset that a terrorist who happened to become a US citizen in the past 7 months wasn't read his Miranda warning is shocking to me. He was/is a terrorist, he deserves no rights, and he deserves to rot in hell. They won't be using the information they get from him for criminal purposes, they are going to use that information to identify other terrorists who were involved, if there were anymore. I'm sure several of you that are upset about this POS rights also wonder why cops don't just shoot people in the leg..............don't be a terrorist and you'll have your rights to the Miranda warning and the Constitution. Unbelievable..........

I was following along until this part.

 

And you are in law enforcement?

 

Yes, unbelievable.

Yes, I am, and if you think it's okay for a terrorist to have rights that bombed the Boston Marathon it's my opinion you need to find a new country to live in. I'm not talking about criminals that do petty thefts, burglarize homes, steal cars, etc. I'm talking about a person who's brother has terrorist ties and that obviously decided to conduct a terroristic shock and awe event that killed 3 people including an 8-year-old boy, injured hundreds of people and caused mass chaos and confusion for an entire city, while throwing IED's at police officers while involved in a chase, killed one police officer, injured two and then was enough of a coward to possibly take his own life and not allow law enforcement or even the military, if it came down to that, to end the threat for him. If you think he deserves rights, you are actually what's wrong with this country. I DO NOT violate people's rights, they are allowed to their rights................several of you are blurring the line between local law enforcement and federal law enforcement and how that relates to a terrorist investigation and local charges. Again unbelievable for someone to be able to think that he deserves rights.............

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I would ask that folks stop referring to the MIT police officer as a guard................it's disrespectful to us in law enforcement and he was a actual police officer. Also, I agree with what's been said already, there is no requirement to read the Miranda warning to someone who is under arrest unless you are planning on questioning them about the crime they committed and using that information in court. The fact that some of you are upset that a terrorist who happened to become a US citizen in the past 7 months wasn't read his Miranda warning is shocking to me. He was/is a terrorist, he deserves no rights, and he deserves to rot in hell. They won't be using the information they get from him for criminal purposes, they are going to use that information to identify other terrorists who were involved, if there were anymore. I'm sure several of you that are upset about this POS rights also wonder why cops don't just shoot people in the leg..............don't be a terrorist and you'll have your rights to the Miranda warning and the Constitution. Unbelievable..........

 

Well said. 1- I doubt they will need to use anything discovered while he is not mirandized to convict him. 2- They very well may learn some things that will prevent further loss of life or discovery of more accomplices. Seems to me they have this guy nailed cold regardless what he may tell them prior to being read his Miranda rights.. It is exactly for these types of situations that the public safety waiver exists.

The Public Safety Exception has an important place in circumventing Miranda right laws. This is not one of those situations where it is necessary, there is no longer an imminent danger to the public. It has also been made clear from everything I have seen that these two brothers are not part of some terrorist cell, they were under-prepared morons that thought they could outsmart the police.

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