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Public Safety Exemption V Miranda

countryclubjoe

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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
 
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eye95

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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.
 

eye95

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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.
 

eye95

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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.
 

davidmcbeth

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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.
 

davidmcbeth

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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
 
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davidmcbeth

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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
 

eye95

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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.
 

davidmcbeth

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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
 

JoeSparky

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Waterboard; then a long drop on a short rope...all done
View attachment 10286 Miranda sucks...but she never makes breakfast :cool:

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!
 

Lurchiron

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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???:(
 

MKEgal

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countryclubjoe said:
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.

davidmcbeth said:
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.
 

JoeSparky

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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!
 

MKEgal

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Lurchiron said:
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."
 
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Lurchiron

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It is my humble:rolleyes: 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 :eek:
 
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