Maybe a “terrorist exception” to Miranda?
Oh, gee. I thought I was done. I found another line of cases specific to terrorism cases. It is not called a “national security exception.” The case that I am reading at the moment is the case of the underwear bomber, who tried on Christmas Day, 2009, to blow up a plane flying into Detroit […]...
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More on the national security exception and Tsarnaev
More on the so-called national security exception to Miranda – I have found no case by any court in the country that finds a “national security exception” to the Fifth and Sixth Amendments. In fact, running the phrase “national security exception” through Westlaw, with a proximity search for “Miranda,” I get only one case in […]...
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National Security exception to Miranda?
The Department of Justice has been talking about the supposed national security exception to the Fifth and Sixth Amendment. As I discuss at length in my earlier post, this has its roots in the public safety exception of New York v. Quarles, 467 U.S. 649 (1984), where a defendant had been arrested in hot pursuit […]...
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No “National Security” exception available in Tsarnaev
News stories dealing with the arrest of Dzhokhar Tsarnaev have often referred to some 48-hour “national security” exception to the rules about reading Miranda warnings and questioning suspects. The articles start from one mistake, and move on to make two more. First, let’s be clear what we are NOT talking about. There is no Constitutional […]...
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