OpenCDA

May 3, 2013

You Have the Right to Remain Silent

Filed under: Probable Cause — Bill @ 2:05 pm

CRS copyAfter Boston Marathon bombing suspect Dzhokhar Tsarnaev had regained consciousness in a Boston hospital, he was interviewed by federal and police investigators.  Some of the interview was intentionally conducted prior to Tsarnaev’s being the Miranda warnings which inform someone in custody of his right to remain silent and to have legal counsel.

The news media characterized the reasoning behind the pre-Miranda questioning as being the “public safety exception.”

On April 24, 2013, the Congressional Research Service released its report explaining the basis for the “public safety exception.”  The 13-page report is titled Terrorism, Miranda, and Related Matters.

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