Obama moves to change public safety exception in Miranda

Attorney General Eric Holder and the rest of the Obama administration have offered to work with Congress on a law that would let law enforcement delay constitutional Miranda warnings to terror suspects.The shift would give investigators greater flexibility in the critical early phases of terror investigations. It is currently not clear how a change to the public safety exception in Miranda would work and how long it could delay providing the warnings. Miranda restricts using a suspect’s answers in his criminal trial if he has not first been notified of his right to remain silent and get a lawyer.

Federal officials will not talk about their options, but seasoned constitutional lawyers and former prosecutors suggest such a terrorism exception could last up to 48 hours — longer than a court-mandated public safety exception that already allows law enforcement to hold off Miranda warnings for a short period during
emergencies to save lives.


One Response

  1. […] the light of the ongoing discussion in the US on the restriction of Miranda rights, this approach seems to be quite interesting for U.S. policy […]

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