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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 excluded as evidence against him.
The ONLY thing that can be excluded when a suspect is not Mirandized is his TESTIMONY. If evidence is obtained PRIOR to questioning him it absolutely CANNOT be excluded based on anything he says.
I'll give you a 92 on that post because IF the statement(s) is excluded as a result of a failure to Marandize the defendant all evidence obtained as a result of that testimony is subject to exclusion as well. I say if and might because everything depends on the specific facts before the judge.
By the way, a useful article explaining the “public safety exception.” to Mirandizing a terrorist suspects.
By the way, I take serious exception to her final paragraph where she writes,
And so the FBI will surely ask 19-year-old Tsarnaev anything it sees fit. Not just what law enforcement needs to know to prevent a terrorist threat and keep the public safe but anything else it deemed related to “valuable and timely intelligence.”
such supposition has no place in an otherwise note worthy article.
I'll give you a 92 on that post because IF the statement(s) is excluded as a result of a failure to Marandize the defendant all evidence obtained as a result of that testimony is subject to exclusion as well. I say if and might because everything depends on the specific facts before the judge.
By the way, a useful article explaining the “public safety exception.” to Mirandizing a terrorist suspects.
By the way, I take serious exception to her final paragraph where she writes,
And so the FBI will surely ask 19-year-old Tsarnaev anything it sees fit. Not just what law enforcement needs to know to prevent a terrorist threat and keep the public safe but anything else it deemed related to “valuable and timely intelligence.”
such supposition has no place in an otherwise note worthy article.
Yes, if he, for example said "I placed the bomb at the intersection of Main and Grove, at 3pm", and they had not found that footage yet, they might not be able to use said footage, since they would find it based on his answers to questions asked while not mirandized.
Since they already have the footage, well before his arrest, in this case, it wouldn't matter
You are wrong. I have studied Criminal Procedure investigation. The only things a miranda violation protects against are statements and "fruit of the poisonous tree" evidence.
If what you were saying was true there would be absolute no point for the entire fruit of the poisonous tree doctrine or the attenuation doctrine. Since according to you they wouldn't matter since everything would be excluded anyway.
That only works if the confession is used as evidence against him in court. If the confession is never used, then all the other evidence, coincident to the confessionary evidence, can be lawfully excluded as evidence against him.
You are wrong. I have studied Criminal Procedure investigation. The only things a miranda violation protects against are statements and "fruit of the poisonous tree" evidence.
If what you were saying was true there would be absolute no point for the entire fruit of the poisonous tree doctrine or the attenuation doctrine. Since according to you they wouldn't matter since everything would be excluded anyway.
Hey, it happens when the "prosecutor" doubles as the defense counsel.
Hey, it happens when the "prosecutor" doubles as the defense counsel.
You do realize that there is such a thing as prosecutorial discretion and as such if the "prosecutor" wants to double as defense council they won't bring a case in the first place.
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