Miranda Rights Update … NSA Spying

August 17, 2013

We can waste readers’ time with the latest revelations about the NSA’s espionage activities against Americans, highlighted fully in the following WaPo article NSA broke privacy rules thousands of times per year, audit finds” whose title is sufficiently self-explanatory about how seriously the administration takes individual privacy, or we can just showcase the following cartoon which shows how the Miranda rights have been ‘adjusted’ for the New Normal…

But a cartoon does it best …

Miranda Warning


And if you think it’s only 1000s then suckers you deserve what you get!

FBI Was ‘Shocked’ to See Judge ‘Waltz’ in and Give Tsarnaev Miranda Rights

April 25, 2013

The Blaze reported:

Regular viewers of Fox News are used to seeing popular host Megyn Kelly on their televisions every afternoon, but on Thursday morning Kelly made a special appearance during the morning to break some surprising information: according to her sources, the FBI was “shocked” to see a magistrate “waltz into” the hospital room of Dzhokhar Tsarnaev and read him his Miranda rights.

So why were they shocked? According to Kelly, the FBI was under the understanding that they would get much more time with Tsarnaev under the “public safety exemption” before he was read his rights. Adding to the shock: the sources told Kelly agents were getting crucial information after only 16 hours of questioning and were making valuable progress.
No matter.

“It’s really unbelievable,” Kelly said.

Read the rest here.


Flashback: Justices Narrow Miranda Rule (Miranda Warning Not Required)

April 25, 2013

In 2010 the Supreme Court had narrowed the Miranda ruling. So there was no need for a judge to step in and issue the warning to the Boston Bomber … So why was it done?

Criminal defendants must specifically invoke the right to remain silent under the Miranda rule during questioning to avoid self-incrimination, the Supreme Court had previously ruled.

The WSJ brings us up to speed …

The vote in the case was 5-4 along ideological lines as the court put limits on the rights of suspects.

Under the Miranda rule, derived from the 1966 Supreme Court decision in Miranda v. Arizona, police may not question a suspect who invokes his right to remain silent—and can’t use as evidence incriminating statements obtained after the suspect does so.

Report: Federal Judge Compromised Investigation By Prematurely Mirandizing Tsarnaev

April 25, 2013


Blew the intelligence gathering … Can’t the federal government get anything right? The Consequences of BIG.

Brietbart reports …

Thanks to the “Public Safety Exception” to Miranda (which was created in 1980), the government is not forced to choose between treating a suspect as an enemy combatant or immediately allowing said suspect to hide behind an attorney and the right to remain silent. In extraordinary circumstances, when a suspect is believed to be part of a broader conspiracy that might result in the loss of innocent life, authorities have 48 hours to question the suspect before mirandizing him.

Dzokhar Tsarnaev, the man suspected of being a co-conspirator in the Boston Marathon bombings, was mirandized after only 16 hours of questioning. According to a Fox News, FBI officials were “stunned” when federal District Court Judge Marianne Bowler arrived at the hospital and read Tsnarnaev his rights. Sources told Fox News that this premature action might have hurt the investigation.

Apparently, prior to Judge Bowler reading him his rights, Tsarnaev was cooperating with investigators. The arrival of public defenders and the Justice Department, though, compromised the interrogation and now the belief is that “valuable intelligence may have been sacrificed as a result.”

Read more at breitbart.com …

The End Of Miranda Warnings ?

June 2, 2010

The U.S. Supreme Court ruled Tuesday that suspects must tell police explicitly that they want to be silent to invoke Miranda protections during criminal interrogations, a decision one dissenting justice said turns defendants’ rights “upside down.”

A right to remain silent and a right to a lawyer are the first of the Miranda rights warnings, which police recite to suspects during arrests and interrogations. But the justices said in a 5-4 decision that suspects must tell police they are going to remain silent to stop an interrogation, just as they must tell police that they want a lawyer.

Read the rest of this entry »

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