Explosions at Boston Marathon

[CountDeMoney]

It's the kind of day today where I need to watch that on a continuous loop so I laugh hard enough to vomit a little bit.

I already sent it to my Dad who, as a veteran of the 60's culture wars chasing down Black Panthers, SDS members and the KKK, hates the FBI more than I do.

[CountDeMoney]

And besides, has this "public safety exception" passed USSC constitutional muster yet?

[Razgovory]

If you beat a suspect before the Miranda, does it still count?

[dps]

Does Miranda affect anything other than the guy's own testimony?

Well, there's the "fruit of the poisoned tree" doctrine that says that not only is evidence gained illegally not admissible, but so is anything derived from that evidence.  So if a suspect in a shooting isn't Mirandized, and confesses and tells police where he hid the gun he used, not only is the confession inadmissible, but so is the gun (though there is an "inevitable discovery" exception to that exclusion).  But it does only apply to the suspect himself, so if he also gave up the name of an accomplice, the statement could be used against the accomplice.

[11B4V]

http://www.youtube.com/watch?v=1hM7Ura6Q4w

Way to ge Boston. Free jackets.

[Capetan Mihali]

No, you don't.  But you have to give them somewhere along the line, particularly before the formal charging. 
It is, however, good form to do it as soon as possible.

Oh no question, it's good public policy, and it's important to drill it into the minds of cops to do it right away so they don't squander a later conviction that rested on the guy's tell-all admission.

[dps]

And besides, has this "public safety exception" passed USSC constitutional muster yet?

Don't think so.

[Capetan Mihali]

http://www.youtube.com/watch?v=1hM7Ura6Q4w

Way to ge Boston. Free jackets.

  Man I feel so lucky to have been with the Philadelphia looters of 2008, and now the Boston looters of 2013. 

[derspiess]

http://www.youtube.com/watch?v=1hM7Ura6Q4w

Way to ge Boston. Free jackets.

I read someone excusing that by saying they were using them as bandages and tourniquets.  Ehh, no. I don't see much of a sense of urgency once each guy picked out his size.

[KRonn]

I have little sympathy for the father sitting in russia making threats and spinning conspiracies. He went on the attack and therefore I don't have sympathy.

Yeah, while his kids were tossing bombs at cops, shooting at them, robbing stores and killing another cop he's trying to say his sons are being framed!

[CountDeMoney]

And besides, has this "public safety exception" passed USSC constitutional muster yet?

Don't think so.

Lovely.

[Capetan Mihali]

And besides, has this "public safety exception" passed USSC constitutional muster yet?

Don't think so.

I think it goes back to a late 70s/early 80s case where a supermarket armed robbery was on-going (maybe with hostages), and they caught one guy but not the other, and the USSC did find a limited public safety exception.

[Capetan Mihali]

Got it.   Didn't even have to drag the 4th/5th/6th Amendment casebooks out of the basement on a Friday night.

N.Y. v. Quarles, 467 U.S. 649 (1984).  http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=467&invol=649

Knew it was a Rehnquist opinion.   

[CountDeMoney]

Should fucking do it anyway.

[fhdz]

Should fucking do it anyway.

I concur with my esteemed colleague from the East.