Shahzad and Miranda Rights
(Orin Kerr) The New York Times reports about the interrogation of Faisal Shahzad, who was arrested for trying to explode a bomb in Times Square: The suspect, Faisal Shahzad, was interrogated without initially being read his Miranda rights under a public safety exception, and provided what the F.B.I. called “valuable intelligence and evidence.” After investigators determined there was no imminent threat to be headed off, Mr. Shahzad was later read his rights to remain silent, but he waived them and continued talking, the F.B.I. said. Authorities charged him as a civilian on Tuesday, but postponed plans to bring him to court. Based on what we know, it sounds like the FBI made a good judgment call here. Shahzad is a U.S. citizen who has been living …

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There will be no Miranda issue should there come a time when Times Square Almost-Bomber Faisal Shahzad goes to trial. He talked pre-Miranda, and he talked post. He was a talker, as the agents around him did the Happy Dance and issued press releases about what a great job they did. Yet the knee-jerk outrage was at the ready, just as it was...
Faisal Shahzad was indicted today, roughly six weeks after he was arrested for allegedly driving a bomb-laden SUV into Times Square.
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Federal law enforcement officials waited 15 days before bringing accused Times Square bomber Faisal Shahzad in front of a judge. This was not common practice, as Politico’s Josh Gerstein writes on Friday.
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“Mere Silence Doesn’t Invoke Miranda, Justices Rule”: Adam Liptak will have this article Wednesday in The New York Times. Robert Barnes of The Washington Post has a news update headlined ” Supreme Court: Suspects must invoke right to remain silent in interrogations .” In Wednesday’s edition of The Los Angeles Times,...
The Times Square Fizzler, Faisal Shahzad, is scheduled to be arraigned today on an indictment charging ten counts of weapons and terrorism. Ten counts? Ten? Wow, he must be a really evil terrorist. When Faisal Shahzad first appeared before Magistrate Judge Yanthis, following his nice, extended, mirandized chat with the government, there were...
In my last post , I explained why it’s a mistake to deny free speech rights to people organized as corporations on the grounds that corporations aren’t “real people.” It’s true, of course, that a corporation is not a person. But the people who own and operate it are. “Corporate speech” is really just speech by people using the corporate...
After all the talk about whether terrorists get to enjoy our nation’s ”legal niceties” like Miranda, the hard story is that Faisal Shahzad, the so-called Times Square Bomber (but more appropriately called the Fizzler) wouldn’t stop talking. They could have warned him once and hour, and still the guy would talk. Miranda,...
Prosecutors have filed charges against Times Square bombing suspect Faisal Shahzad.
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On Meet the Press on Sunday, Attorney General Eric Holder suggested that Congress might think about broadening an exception to the Miranda rule, which says law enforcement authorities have to notify suspects of certain rights when they’re arrested.
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Below, Ray Seilie of Harvard Law School recaps Monday’s oral argument in Berghuis v. Thompkins . Ray’s preview of the case is available here . Check the Berghuis v. Thompkins (08-1470) SCOTUSwiki page for additional updates. During Monday’s oral argument in Berghuis v. Thompkins , the Court focused on delineating when a suspect in...
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