Wednesday, May 5, 2010

The Miranda Two Step

Finally, some 5th Amendment criminal procedure that I can get behind..

From The Volokh Conspiracy:
The New York Times reports about the interrogation of Faisal Shahzad, who was arrested for trying to explode a bomb in Times Square:

"The suspect, Faisal Shahzad, was interrogated without initially being read his Miranda rights under a public safety exception, and provided what the F.B.I. called “valuable intelligence and evidence.
After investigators determined there was no imminent threat to be headed off, Mr. Shahzad was later read his rights to remain silent, but he waived them and continued talking, the F.B.I. said. Authorities charged him as a civilian on Tuesday, but postponed plans to bring him to court."

Based on what we know, it sounds like the FBI made a good judgment call here. Shahzad is a U.S. citizen who has been living in the United States and was caught in the United States for a crime committed in the United States: Surely this is a case for federal court

Right on, Feds - that was quick thinking. There will be no "Fruit of the Poisonous Tree" doctrine here.

As they say on TV: "Book 'em, Dan-o."

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