KingMerv00
Penultimate Amazing
It isn't a violation of constitutional rights not to mirandize a suspect. It's a violation of the suspect's rights to try to introduce into evidence any statements that were made before he was mirandized (excluding "excited utterances" and other exceptions, of course), or the fruits of those statements. Here, they questioned him enough to be sure that there wasn't an ongoing threat that he was involved in, and then they mirandized him. I'd say they did it exactly right. They seem to think they got enough from him post-miranda to secure a conviction.
That's not right. Any evidence they've obtained pre-arrest can still be used against him in court. Failure to Mirandize only results in the suppression of confessions and the fruits of interrogations.
Hell, there may even be exceptions to the fruits doctrine. (inevitable discovery etc.)
This dude's not walking anywhere.
At least I think so...I've never seen that particular combination of facts before. It's an interesting legal question. I should go ask a professor.
As for the rest...
If he meant that the guy also should not be tried in a federal court, then I have a problem with it.
THIS is what I was upset about.
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