Saturday, April 20, 2013

What You Need To Know About Why The Boston Bombing Suspect Hasn’t Been Read His Miranda Rights

By Ian Millhiser on Apr 19, 2013 at 10:34 pm

Despite initial reports to the contrary, FBI agents did not read Boston Bombing suspect Dzhokhar Tsarnaev his Miranda rights immediately after he was taken into custody. Instead, they invoked what is known as the “public safety exception” to delay reading those rights to the alleged bomber. Here’s what you need to know about this narrow exception to the Miranda rule:

The Public Safety Exemption Is Real

The Supreme Court first held that there is a public safety exemption to Miranda in a 1984 case known as New York v. Quarles. In Quarles a woman told police that a man with a gun raped her, and that he’d run into a nearby grocery store. Police quickly found the suspect within the store, arrested him after a brief chase, handcuffed him, and discovered that he was wearing an empty shoulder holster. Before reading him his rights, an officer asked him where the gun was, and the suspect told the cop where to find it. After retrieving the gun, police then read the suspect his Miranda rights.

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