
Originally Posted by
thegodfather
I dont give a shit about these absurd conspiracy theories, but I do care about constitutional protections. It was in fact not their "RIGHT" to fail to mirandize a suspect in custody. The "PUBLIC SAFETY EXCEPTION," can ONLY be used if there is an imminent threat to the safety of the public. After the suspects capture, BPD and FBI announced "The threat is over, Bostonians can go back to living their lives." Well, you see you cannot have it both ways, either the people of Boston are in impending grave danger, or they can go back about their business as the threat is over. For the public safety exception to be used, there has to be imminent and impending danger of another attack, for instance they have knowledge of other bombs planted within the city, he has an accomplice still on the loose on a shooting spree and they need to locate him. There is also no such thing either in law, or in practice, of a 48 hour moratorium on Miranda rights during the public safety exception, this was simply made up out of thin air by the Obama administration and Eric Holders DOJ, to suit their needs. This is Constitutional gerrymandering of the worst sort, that is because government is notorious for overstepping their prescribed legal authority, and once they have crossed that line, they almost never step back across it once the threat is over. I suspect, we shall see this '48 hour public safety exception' (which is a complete fabrication) used more and more frequently, and used in ever and ever less severe or dangerous situations.
You can hate the crimes the suspect allegedly committed, as I do, but you must have a profound respect for the Constitutional protections which serve us all, and realize that making an exception "this one time," leads to the path down the slippery slope, where soon larger and larger swaths of the US populace are denied their Miranda warnings in trivial criminal situations.