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RE: Bush DoJ Wanted to "Update" Miranda Right... - 5/10/2010 12:37:57 PM   
Archer


Posts: 3207
Joined: 3/11/2005
Status: offline 		The current (read that last word as many times as it takes to recognize that I'm not talking about changing the law as it stands now) precident for the public safety exemption holds a fairly narrow determination.

The public safety exception applies where circumstances present a clear and present danger to the public's safety and the officers have reason to believe that the suspect has information that can end the emergency

NEW YORK v. QUARLES

(in reply to laurell3)
Profile   Post #: 41
RE: Bush DoJ Wanted to "Update" Miranda Right... - 5/10/2010 4:47:22 PM   
laurell3


Posts: 6577
Joined: 5/5/2005
Status: offline 		Ok, well since that narrow precedent has already been established by the Supremes (which by the way isn't what is currently being proposed), where is the need for any legislative change by Congress?



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(in reply to Archer)
Profile   Post #: 42
RE: Bush DoJ Wanted to "Update" Miranda Right... - 5/10/2010 7:10:49 PM   
TheHeretic


Posts: 19100
Joined: 3/25/2007
From: California, USA
Status: offline 		What troubles me with this sort of thing, Firm, is that it reinforces the notion that our right to remain silent comes from a little card in the cop's pocket, and that we don't have that right until they give it to us.

Now the pantybomb castrato might have been clueless about this until he so advised in accordance with Miranda, but I'm going to assume it was covered somewhere along the way in Faisal Shahzad's citizenship classes.

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(in reply to FirmhandKY)
Profile   Post #: 43
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