The Tsarnaev Exception

The dust has not quite settled from the Boston Marathon bombing and the ensuing manhunt but there have been a few notable results from the entire tragedy worth examining and discussing publicly.

When Dzoukhar Tsarnaev was finally captured, he was not read his Miranda rights at the time of arrest. The purpose of those rights is to inform suspects that they have the right to remain silent, the right to speak with an attorney and that statements made would be used against them. The rule is that when a person is arrested, he or she is given these warnings before interrogation to ensure that a person is not being coerced into making inculpating statements.

To every rule, there are many exceptions and in this case, it is the public safety exception. The public safety exception permits law enforcement to question or interrogate a suspect prior to Miranda warnings because there is an immediate threat to public safety. It is the proverbial

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