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Thread: Public Safety Exemption V Miranda

  1. #1
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    Public Safety Exemption V Miranda

    Hi Folks

    What are your thoughts and opinions on Public Safety Exemption and Miranda?

    Will this Exemption someday affect our 2A right?

    TIA

    Best regards.

    CCJ
    Last edited by countryclubjoe; 04-20-2013 at 04:04 PM.

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    The FBI on Miranda's Public Safety Exception

    https://www.fbi.gov/stats-services/p...1/legal_digest

    See also the discussions at the Volokh Conspiracy

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    Can you be more specific? Is there a court ruling you have in mind?

    There should be no public safety exemption that trumps the right not to self-incriminate.

    I don't care about Miranda. Excluding confessions because the police failed to tell someone that they did not have to talk is silly. We have a right to remain silent. We should all be informed enough to know it without having to be told by the police. If one is ignorant of his rights, tough.

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    Since the arrest of the alleged Boston Bomber, The term is being used with frequency.

    CCJ

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    Quote Originally Posted by Nightmare View Post
    https://www.fbi.gov/stats-services/p...1/legal_digest

    See also the discussions at the Volokh Conspiracy
    Thanks for the link. As I don't agree with Miranda, and as the officer in the cited case was not coercing the statement, and as the suspect voluntarily gave up the location of the gun, I would agree with the outcome, but not with the reasoning. Again, I see no public safety exception to the right to remain silent, but I don't see the circumstances in this case as violating the right to remain silent of the thug.

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    Quote Originally Posted by countryclubjoe View Post
    Since the arrest of the alleged Boston Bomber, The term is being used with frequency.

    CCJ
    I imagine they asked him a lot of "Are there any more bombs?" questions before they told him that he had the right to remain silent. If he doesn't know that already, he is an idiot and responsible for any legal missteps he takes. If he gave up any incriminating information before being mirandized, meh. Like I said before, I think the Miranda ruling is stupid.

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    Quote Originally Posted by countryclubjoe View Post
    Since the arrest of the alleged Boston Bomber, The term is being used with frequency.

    CCJ
    eye has not been keeping up with the news...

    The notion that the defendant (I'll call the kid this for now-its clear he will be tried--if they don't firebomb his hospital room) does not need to be mirandized is a joke.

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    Quote Originally Posted by eye95 View Post
    As I don't agree with Miranda,
    Well, I forwarded your thoughts to Justice Roberts and your compelling argument has made him and his cronies to issue out a first interweb initiated ruling --- striking down the Miranda decision.

    COMMENTS REMOED BY ADMINISTRATOR: Personal attack
    Last edited by John Pierce; 04-24-2013 at 12:09 PM.

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    Quote Originally Posted by davidmcbeth View Post
    ...
    For obvious reasons, I never reply to you on topic.

    If anyone would like to rationally discuss my take on this, I will be happy to reply.

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    Quote Originally Posted by eye95 View Post
    For obvious reasons, I never reply to you on topic.

    If anyone would like to rationally discuss my take on this, I will be happy to reply.
    ooo oooo oooo ooooooooooooooooo

    speaking in your language ... I think your avatar is actually a pic of you for real

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    Tsarnaev and Miranda Rights. Orin Kerr at Volokh Conspiracy


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    The public safety exception in the above cited case amounted to exigent circumstances. Had the question not been answered, the gun might have been found by someone with nefarious intent or a child who might irresponsibly use it.

    Law enforcement has had all the time in the world to comply with Miranda, as silly as it is. As much as I disagree with the Miranda ruling (and, consequently, the need for a public safety exception), as a matter of practicality, I am convinced that LE will be found not to have a public safety exception in this case, therefore jeopardizing the case against this vile bomber.

    Dumb.

    Guys, just fill the square. Odds are you won't be telling him something that he has not heard on TV a thousand times before. Not mirandizing him will likely have zero effect on whether he talks or not.

    Dumb.

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    Quote Originally Posted by davidmcbeth View Post
    eye has not been keeping up with the news.
    Don't it make your brown-eye blue?

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    meh...nevermind...
    Last edited by eye95; 04-20-2013 at 06:38 PM.

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    Republicans want Boston bombing suspect treated as enemy combatant, sparking Miranda


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    this kid is going to get off because the gov't simply cannot control itself from violating the constitution ...


    although he may be guilty, OUR due process rights are more important than a single conviction of ANY person

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    Waterboard; then a long drop on a short rope...all done
    Attachment 10286 Miranda sucks...but she never makes breakfast
    Bale da Hay

    "Have you Spanked a leftist today; it's the Right thing to do!!!"


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    And sit in the seats within.

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    Quote Originally Posted by Lurchiron View Post
    Waterboard; then a long drop on a short rope...all done Miranda sucks...but she never makes breakfast
    First Dzhokhar Tsarnaev then Lurch, why not? We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

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    Quote Originally Posted by Lurchiron View Post
    Waterboard; then a long drop on a short rope...all done
    Attachment 10286 Miranda sucks...but she never makes breakfast
    I do believe that both of these actions (torture and lynching) are illegal acts and as such encouraging one to engage in either of these acts would be a violation of the rules of this forum.

    EVERYONE in the US is guaranteed by the Constitution certain rights and just because some in power have decided to violate the rights does not make it right or CONSTITUTIONAL. We ALL either have these rights OR NONE OF US HAVE THEM!
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
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  20. #20
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    Ignore...then count to 10; priceless!!!

    Attachment 10287
    Bale da Hay

    "Have you Spanked a leftist today; it's the Right thing to do!!!"


    Within the gates before a man shall go,
    (Fully warily let him watch,)
    Full long let him look about him;
    For little he knows where a foe may lurk,
    And sit in the seats within.

    Havamal (Bellows translation)

  21. #21
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    Quote Originally Posted by JoeSparky View Post
    I do believe that both of these actions (torture and lynching) are illegal acts and as such encouraging one to engage in either of these acts would be a violation of the rules of this forum.

    EVERYONE in the US is guaranteed by the Constitution certain rights and just because some in power have decided to violate the rights does not make it right or CONSTITUTIONAL. We ALL either have these rights OR NONE OF US HAVE THEM!
    I thought that the Patriot Act allows for interrogation & high treason was/is a hanging offense...did I miss something???
    Bale da Hay

    "Have you Spanked a leftist today; it's the Right thing to do!!!"


    Within the gates before a man shall go,
    (Fully warily let him watch,)
    Full long let him look about him;
    For little he knows where a foe may lurk,
    And sit in the seats within.

    Havamal (Bellows translation)

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    Quote Originally Posted by countryclubjoe
    What are your thoughts and opinions on Public Safety Exemption and Miranda?
    Never heard of such a thing.
    Having now read that post about the Quarles case, I think it's rubbish. The criminal was under arrest & could no longer get to the gun. The officers could search the area. And it's doubtful that the average person, finding an unattended gun, would pick it up & shoot someone with it. Heck, in NY someone seeing a gun would probably faint!
    If a court finds that the questioning of a subject, even in the presence of a situation involving public safety, violated due process standards, the statement will be suppressed... This exception does not permit police officers to compel a statement from a subject.
    Quote Originally Posted by davidmcbeth
    this kid is going to get off because the gov't simply cannot control itself from violating the constitution ...
    although he may be guilty, OUR due process rights are more important than a single conviction of ANY person
    +1 on both
    Although I'm afraid that there will be great pressure on whatever judge draws this case to ignore the Constitution.
    Quote Originally Posted by MLK, Jr
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    Quote Originally Posted by Proverbs 27:12
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    The simpleton goes blindly on and suffers the consequences.
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  23. #23
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    Quote Originally Posted by Lurchiron View Post
    I thought that the Patriot Act allows for interrogation & high treason was/is a hanging offense...did I miss something???
    OK, you've got me there after conviction and sentencing following his Constitutionally allowed appeals. But, I'll argue that even though the so called Patriot Act has been enacted and signed into law does NOT make it CONSTITUTIONAL and an UNCONSTITUTIONAL law is NOT LAW!
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
    Life Member GOA
    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  24. #24
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Lurchiron
    I thought that the Patriot Act allows for interrogation & high treason was/is a hanging offense.
    18USC2381
    "...shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States."
    The wiki article says that "treason is the only crime specifically defined in the Constitution".

    Interesting side note from the wiki... it wasn't until 1973 that English law eliminated beheading (for nobles) as punishment for treason.

    "Traitor is derived from the Latin traditor which means "one who delivers."
    Last edited by MKEgal; 04-20-2013 at 09:31 PM.

  25. #25
    Regular Member Lurchiron's Avatar
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    It is my humble opinion, that ONLY when criminals learn that the PUNISHMENT(Capital) outweighs the crime; will our society even have a chance returning to a semblance of normal.

    Hang'em, shoot'em, or fry'em...take out the criminals' teachers as sentenced & the students will have NO ONE to learn from...IMHO
    Last edited by Lurchiron; 04-21-2013 at 05:36 PM.
    Bale da Hay

    "Have you Spanked a leftist today; it's the Right thing to do!!!"


    Within the gates before a man shall go,
    (Fully warily let him watch,)
    Full long let him look about him;
    For little he knows where a foe may lurk,
    And sit in the seats within.

    Havamal (Bellows translation)

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