DocTacDad has a very good video about the constitutional right to due process, and how the bypassing of reading the Miranda rights for the 2nd Boston bombing suspect is endangering all of our rights.

To me, it's pretty clear that DocTacDad only has a basic understanding of the situation. Authorities need to know if the suspects were working alone or as part of a bigger group thats planning more attacks. So working under the public safety exception, they don't have to mirandize the suspect and all questions would be focused on determining if there is an immediate or continuing threat. It's not about violating the suspects right to due process or to get him to incriminate himself.

The exception has been around for over 25 years and is rarely used. So unless someone is a terrorist bomber, it's really not endangering your rights.

You talking about the 2nd suspect, the naked guy they caught or the 3rd one they found in the boat? Or the original personal of interest they were talking too before they focused on these 2 or 3 or however many guys.

i thought it was something about him being an "enemy combatant" and therefore not necessary to mirandize

To me, it's pretty clear that DocTacDad only has a basic understanding of the situation. Authorities need to know if the suspects were working alone or as part of a bigger group thats planning more attacks. So working under the public safety exception, they don't have to mirandize the suspect and all questions would be focused on determining if there is an immediate or continuing threat. It's not about violating the suspects right to due process or to get him to incriminate himself.

The exception has been around for over 25 years and is rarely used. So unless someone is a terrorist bomber, it's really not endangering your rights.

I also saw this on the news and found it to be a bit disturbing.

In saying they were not going to read him his miranda rights, such as the right to remain silent. In order to find out more information. The natural next thought that came to my mind is ok, so how do they expect to get this information if the guy does not want to talk. I think it is pretty common sense they are not going to sit the guy down in the interview room and expect he is going to tell his life story to them. So naturally how will they acquire this? Torture him on american soil? Or if that is too terrible send him to Guantanamo? They've already got the waterboard warmed up and ready to go down there.

Anyone who sees this and is not disturbed needs to seriously think about it. The government can label you as a terrorist and do whatever they want. This could turn into people protesting government control and power (and corruption) being labeled as terrorists and locked up just like that.

You talking about the 2nd suspect, the naked guy they caught or the 3rd one they found in the boat? Or the original personal of interest they were talking too before they focused on these 2 or 3 or however many guys.

The guy behind the grassy knoll........

I would like it if anyone else but the Government took this kid and forced him to tell us everything.  We need the Government to obey the laws that they tell us to obey.  It is those laws that protect us.  I dont like the fact that he now can lawyer up, I dont like the fact that he can use his right to be silent, I dont like the fact that we cant find out who else was involved.  But we are already seeing what happens when Big Government takes control of our lives (Obama Care, EPA regulations, TSA).  You dont want the Government to start taking us out of our homes, sending us off to Guantanamo, and stating that we are terrorist, just because we own an AR or 30 roung mag.  Our Constitution is here to protect the people from our own Government.  No matter if they were born here or naturalized.  Obama has already used a drone to kill an American in the middle east.  Now I really dont care that the guy died, since he choose to fight against us.  But I dont want the Government to pick and choose which citizen dies without due process of the law.  If anything the brothers should not have been allowed into this country, since the Russians already warned us.  Yet do to Political correctness, they allowed him in. 

What I don't get:

Why on earth did they broadcast that they were not going to read the guy his Miranda rights?

Do it. Don't do. Fine. But why shout it to the world beforehand?

Almost seems like testing the waters to see how we'll react to flagrant degradations and redefinitions of what "due process" is.

I read that homes were systematically searched in the Boston area. By feds with guns. Any bets on how many of those searches had warrants issued? That would be a violation of the 4th Amendment if not. Just like the New Orleans Katrina gun grab by the local cops was a violation of the 2nd and 4th amendments. While its too late for the folks there who still haven't gotten their firearms back the rest of the US sat up, took notice, and a number of pro-gun amendments were tacked on to state constitutions: No, little local authorities, you can't simply ignore the laws because you are overwhelmed - so says the people.

So how do we react this time? Armored cars rolling down the streets? Heavily armed federal agents aiming weapons at people in their homes? Military police? (They were National Guard, according to what I could find.) How are we going to react to this sort of response to crime? Are we terrified enough of the terrorists to let this further erosion of our rights stand?

there are pictures all over the intertubes and videos all over youtube of people being rousted from their homes
the le/mil seem to have good trigger discipline, but they are not as careful with their muzzles

quote author=clshade link=topic=8126.msg78152#msg78152 date=1366792264]
What I don't get:

Why on earth did they broadcast that they were not going to read the guy his Miranda rights?

Do it. Don't do. Fine. But why shout it to the world beforehand?

Almost seems like testing the waters to see how we'll react to flagrant degradations and redefinitions of what "due process" is.

I read that homes were systematically searched in the Boston area. By feds with guns. Any bets on how many of those searches had warrants issued? That would be a violation of the 4th Amendment if not. Just like the New Orleans Katrina gun grab by the local cops was a violation of the 2nd and 4th amendments. While its too late for the folks there who still haven't gotten their firearms back the rest of the US sat up, took notice, and a number of pro-gun amendments were tacked on to state constitutions: No, little local authorities, you can't simply ignore the laws because you are overwhelmed - so says the people.

So how do we react this time? Armored cars rolling down the streets? Heavily armed federal agents aiming weapons at people in their homes? Military police? (They were National Guard, according to what I could find.) How are we going to react to this sort of response to crime? Are we terrified enough of the terrorists to let this further erosion of our rights stand?
[/quote]

What I don't get:

Why on earth did they broadcast that they were not going to read the guy his Miranda rights?

Do it. Don't do. Fine. But why shout it to the world beforehand?

Almost seems like testing the waters to see how we'll react to flagrant degradations and redefinitions of what "due process" is.

I read that homes were systematically searched in the Boston area. By feds with guns. Any bets on how many of those searches had warrants issued? That would be a violation of the 4th Amendment if not. Just like the New Orleans Katrina gun grab by the local cops was a violation of the 2nd and 4th amendments. While its too late for the folks there who still haven't gotten their firearms back the rest of the US sat up, took notice, and a number of pro-gun amendments were tacked on to state constitutions: No, little local authorities, you can't simply ignore the laws because you are overwhelmed - so says the people.

So how do we react this time? Armored cars rolling down the streets? Heavily armed federal agents aiming weapons at people in their homes? Military police? (They were National Guard, according to what I could find.) How are we going to react to this sort of response to crime? Are we terrified enough of the terrorists to let this further erosion of our rights stand?

Yup.
On patriots day
In Boston Massachusetts
Where the revolution war started


I wonder what would have happened if homeowners declined to the search?
I also didn't see too many American flags or the don't thread on me flags flown.  Just an observation

Didn't the SCOTUS recently rule that there was no requirement for LEO to inform detainees/arrestees of their Miranda rights? 

I saw on the news yesterday or day before if im not mistaken, that a fed magistrate read him his rights in the hospital.  Also, im not sure if the national guard was actually patrolling the streets or just there for support, but isnt a governor allowed to use his/her state's national guard? Like how Cal guard members were sent into LA during the riots?  As long as its not actual federal troops, does Posse Commitatus apply to national guard enforcing laws?

Also, as far as the police forcing people out of their homes in order to search for the suspect, due to the circumstances, could the police claim exigency search?

People that give up a little liberty for security, well, you know the rest.