In response to:

Miranda and Public Safety

* * * * * Wrote: May 07, 2010 11:53 PM
The fruit of the poisonous tree doctrine doesn't apply in the public safety exception.

"So if he told of anything without being Mirandized (not covered by the public safety exclusion) and those other confessions led to investigation and discovery of new evidence against other terrorists, could that new evidence be used in prosecutions of the previously unknown terrorists?"

Yes, because Miranda is only used to protect the defendant it is read to and not others.

"Or would the newly identified terrorists have to be let go because the initial evidence that put them under investigation was obtained improperly, even though subsequent evidence was properly obtained?"

No. The evidence would not be illegally or...

"Law enforcement) interviewed Mr. Shahzad ... under the public safety exception to the Miranda rule. ... He was eventually ... Mirandized and continued talking."
-- John Pistole, FBI deputy director, May 4

WASHINGTON -- All well and good. But what if Faisal Shahzad, the confessed Times Square bomber, had stopped talking? When you tell someone he has the right to remain silent, there is a distinct possibility that he will remain silent, is there not? And then what?

The authorities deserve full credit for capturing Shahzad within 54 hours. Credit is also due them for obtaining information from...

Related Tags: National Security Safety
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