FREE e-Newsletter
Important News - Hot Topics
Get them Now!

Top News

No Miranda Invocation for Boston Bombing Suspect

April 22, 2013  | 

A special interrogation team for high-value suspects will question the surviving Boston Marathon bombing suspect without reading him his Miranda rights, U.S. Attorney Carmen Ortiz announced Friday.

Interrogators will invoke a rarely used public safety exception established by a 1984 U.S. Supreme Court ruling that allows authorities to question 19-year-old Dzhokhar Tsarnaev without invoking Miranda to keep the public safe.

The American Civil Liberties Union has questioned the decision not to Mirandize Tsarnaev, saying the public safety exception is not "an open-ended exception," reports the Associated Press.

While Ortiz made the announcement, the decision not to Mirandize Tsarnaev was likely made by the FBI in consultation with the Department of Justice, reports Slate.

Tsarnaev remains hospitalized with a neck wound sustained during the manhunt Friday.

By questioning Tsarnaev outside of Miranda, authorities hope to learn more about whether there was an overseas terrorist network behind the twin blasts that killed three and wounded more than 170 on April 15 at the Boston Marathon's finish line.

Tags: Boston Marathon Bombing, Miranda Law, Interrogation, ACLU Activism


Comments (7)

Displaying 1 - 7 of 7

rob @ 4/21/2013 4:59 PM

I am tired of seeing the alcu support terrorists and criminals. The group should be classified as a terrorist organization.

Confused In WI @ 4/22/2013 5:38 PM

Now, I am just a student in criminal justice but I thought that you HAD to Miranda, everyone. I have a feeling this might come back and bite us in you know what later on in trial.

Tom Ret @ 4/22/2013 5:50 PM

Confused in WI-miranda warnings concern statements made after arrest that can be used against the suspect in court. There is enough other evidence in this case that even Holder could convict.

Ima Leprechaun @ 4/22/2013 7:54 PM

We really don't need to know this, why release it?

Nichole @ 4/23/2013 4:06 AM

I agree with Ima... why was this even publicized? And also, the miranda gives them the "right to remain silent" and "anything said can be used against them in a court of law". By not invoking these rights, they give us a greater chance of learning more information from the bomber that he may not have otherwise given up. So in my opinion, it's a good thing we're invoking an exception in this case.

The miranda protects us, not them, if you really take a closer look at it.

mtpgman @ 4/23/2013 5:59 AM

It makes me want to vomit to say this, but the ACLU is right (to a point) on this: the Public Safety Exception is not unlimited. The interrogators need to be careful to limit their questions to issues involving exigency, such as: "Are there any more devices out there?" Were you working with anyone else? If so, who? Are there any more attacks planned? Do you have another weapons cache?" If they go much past those topics, they risk having anything he says thrown out. I agree with Tom Ret, though. With the mountain of physical evidence they already have, plus the statements from the kid driving the Mercedes, a first-year law student could get a death penalty conviction on this case.

John in Texas @ 4/22/2013 6:46 AM

We have statements he made to witnesses claiming responsibility, video showing him placing the bomb, and other concrete evidence enough to convict.
There is no need for statements he makes "to be used in court". The potential intel he will provide is more important.
On a side note, remember you don't have to Mirandize as the cuffs are clicking on like tv. You can tell them sit there and shut up, let them stew a while and consider how they can help themselves. Then in a controlled environment you can get a statement, if needed. You can question for public safety reasons in the field without Miranda...eg: "where'd you throw the gun?" Or "who else is helping you?"

Join the Discussion





POLICE Magazine does not tolerate comments that include profanity, personal attacks or antisocial behavior (such as "spamming" or "trolling"). This and other inappropriate content or material will be removed. We reserve the right to block any user who violates this, including removing all content posted by that user.

Other Recent News

Suspect Facing Charges After Boston Police Say He Dropped Backpack at Marathon Finish Line
Boston Police said two backpacks were left unattended by the finish line around 7 p.m. The...
Officer's Son Suspected in Calgary Mass Murder
Matthew de Grood is in custody after four males and a female died following the...
Video: Dashcam Video Shows Small Town Iowa Shootout
Officer Brendan Zeimet was shot when he approached a truck, parked on the wrong side of...
Video: Disabled Wisconsin Officer Dies from 1991 Wound
Severson, Albee, and other deputies were approaching the suspect when he opened fire with...
Video: Heroic Boston Officer Recalls Marathon Bombing Response
He was just feet from the finish line, on-duty at the time, working crowd control, when...

Get Your FREE Trial Issue and Win a Gift! Subscribe Today!
Yes! Please rush me my FREE TRIAL ISSUE of POLICE magazine and FREE Officer Survival Guide with tips and tactics to help me safely get out of 10 different situations.

Just fill in the form to the right and click the button to receive your FREE Trial Issue.

If POLICE does not satisfy you, just write "cancel" on the invoice and send it back. You'll pay nothing, and the FREE issue is yours to keep. If you enjoy POLICE, pay only $25 for a full one-year subscription (12 issues in all). Enjoy a savings of over 60% off the cover price!

Offer valid in US only. Outside U.S., click here.
It's easy! Just fill in the form below and click the red button to receive your FREE Trial Issue.
First Name:
Last Name:
Rank:
Agency:
Address:
City:
State:
  
Zip Code:
 
Country:
We respect your privacy. Please let us know if the address provided is your home, as your RANK / AGENCY will not be included on the mailing label.
E-mail Address:

Police Magazine