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Uncle Ruslan is on cnn.com saying he talked to neighbohrs in the past, and a new islam convert, of armenian descent, has been trying to get the kids of the neighborhood more radicalized. That might be why the fbi is trying to get the young kid to spill the beans on this person, and have not mirandized him yet. This person might be the link to an international connection.
That only works if his confession is used as evidence against him in court. If the confession is never used, then all the other evidence can be lawfully submitted as evidence against him.
He is an American citizen. Do you really want to trample on everyone's right because he "might" know something? Why not send him to gitmo. Oh wait I hear that's closing. Funny how the left fall all over each other defending muslim terrorists and now want to deny a US citizen their rights. I wonder what you will think if they decide you "might" know something in the future?
All the people who are subjected to search without probable cause are also American citizens.
Miranda rights merely state that any statements made before the warning is given, are not admissible in court.
If he admits, outside miranda, placing the bomb per the video, it does immunize.
It is an ex post facto, government-manufactured vaccination.
No it doesn't. His statements cannot be used, but everything else can, assuming no miranda exceptions apply. I also don't think you are using the term ex post facto correctly.
I read a comment by a medic on another forum who said that it was a King airway they were inserting into him and that is never a good sign.
Anyone here in the medical field care to comment ?
I know nothing about medical devices myself.
If he were in that bad of shape then I can see why they didn't do it.
They may have sedated the dude and used the king airway (i.e. combitube) to protect his airway from blood or aspiration. The report was that he was in serious condition, not critical.
No, you are flat out wrong. The miranda warning is not about whether they can or can not use information obtained .... the miranda warning is about the protection of one's constitutional rights ... specifically the 5th Amendment, which prohibits the government from forcing a person to provide information that might incriminate them in a crime.
I stopped here because you just contradicted yourself..
So let me see if I get this straight, its not about if they can use the information obtain, its about if they can force people to provide information that they can use.
Quote:
Originally Posted by GuyNTexas
1) Not all arrests necessarily result in prosecution, but that is ALWAYS the intention when arresting people. Law Enforcement does not arrest people for whom they do not intend to prosecute, else they could be liable for false imprisonment, which itself is a serious crime.
One could argue you are wrong again, but what the hell does that have to do with the topic? (especially considering the laws says you can be detained for 48 hours, and not charged with a dam thing).
Not everyone arrested is read their miranda warnings..
Quote:
Originally Posted by GuyNTexas
2) Arrests which do lead to prosecution need to observe the miranda warning because, a) any information provided in absence of the miranda warning will be information illegally obtained, and cannot be used in the subsequent prosecution, and b) if such information obtained illegally was used to obtain additional evidence (such as the location of additional explosive devices) that information or evidence would thusly not be admissible either ... and c) it would be next to impossible for the prosecution to prove that the discovery of any evidence obtained after the arrest was not aided by the illegally obtained information, which is why entire cases have been dismissed because no miranda warning was issued.
They fn do not. The court case you listed actually says you are wrong..
They didnt provide a miranda warning, the Supreme Court said THE INFORMATION PROVIDED, could not be used, the man was retried, and re-convicted.
HE was NOT read his miranda warnings..
Quote:
Originally Posted by GuyNTexas
Technically, you are correct in that law enforcement need not EVER issue a miranda warning, because the constitution doesn't require it ... it only declares that citizens cannot be compelled to provide testimony against themselves. So they can obtain any information they care to without issuing a miranda warning ... but they will be seriously jeopardizing any hope of successful prosecution if they do
So if I'm correct, why the hell are you telling me I'm wrong?
Quote:
Originally Posted by GuyNTexas
which is contrary to the entire purpose of the arrest and questioning.
No its not.. Often times you question someone you arrested to obtain information to arrest and convict OTHER people. For example, who helped you rob the bank?
They are not required to read you your rights upon an arrest.. And the Supreme Court ruling Miranda Vs The State of Arizona actually validates that to be true.
That case was because they used the informatino PROVIDED to convict him.. He was still retried and convicted based upon OTHER evidence, without his miranda warnings ever being read to him.
You are flat out WRONG..
This is accurate. People, please review the Miranda v. Arizona case.
If he admits, outside miranda, placing the bomb per the video, it does immunize.
Where do you guys get this sh.t?
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