Changes to Miranda Rules Under Obama

[JBeukema]

New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed the handling of criminal suspects for more than four decades.

The move is one of the Obama administration's most significant revisions to rules governing the investigation of terror suspects in the U.S. And it potentially opens a new political tussle over national security policy, as the administration marks another step back from pre-election criticism of unorthodox counterterror methods.

Rights Are Curtailed for Terror Suspects - WSJ.com

 

[Mad Scientist]

I know the Liberals will be rioting in the streets about this Fascistic behavior from our government!

 

[Toronado3800]

Interesting. So for three hours now the police can grill me before reminding me I should have an attorney appointed for me, then go back to grilling me?

Not sure what to make of this. Doesn't seem THAT substantial. Obama might be trying to take some of the sail out of the opposition wind that he isn't hard on terrorists. Perhaps he will loose some moral high ground with this. The hippies who voted for Obama because the last administration felt all humans were not created equal might not have a talking point now.

Not sure what to make of it.

 

[George Costanza]

I know the Liberals will be rioting in the streets about this Fascistic behavior from our government!

I'm not rioting in the streets, but your description of at least this one facet of our government isn't that far off base.

 

[George Costanza]

Interesting. So for three hours now the police can grill me before reminding me I should have an attorney appointed for me, then go back to grilling me?

I don't know - are you a terrorist suspect? As I read this, it only applies to such people.

 

[George Costanza]

I didn't think terrorist suspects had a right to an attorney to begin with . . .

 

[Wingsofwind]

Interesting. So for three hours now the police can grill me before reminding me I should have an attorney appointed for me, then go back to grilling me?

I don't know - are you a terrorist suspect? As I read this, it only applies to such people.

You do know that there are U.S. citizens that are seen as 'terrorist' right? In fact, if you own firearms and have stocked up on ammo, you can be seen as a 'terrorist'. The government does not have to have anything else on you to dub you as a terrorist, suspicion alone is all they need.

I didn't think terrorist suspects had a right to an attorney to begin with . . .

If you are a U. S. citizen and are suspected to be a terrorist, you DO have the right to an attorney.

 

[George Costanza]

Interesting. So for three hours now the police can grill me before reminding me I should have an attorney appointed for me, then go back to grilling me?

I don't know - are you a terrorist suspect? As I read this, it only applies to such people.

You do know that there are U.S. citizens that are seen as 'terrorist' right? In fact, if you own firearms and have stocked up on ammo, you can be seen as a 'terrorist'. The government does not have to have anything else on you to dub you as a terrorist, suspicion alone is all they need.

I didn't think terrorist suspects had a right to an attorney to begin with . . .

If you are a U. S. citizen and are suspected to be a terrorist, you DO have the right to an attorney.

Oh, we're on the same page here, Wings - make no mistake.

Unfortunately, you are correct when you speak of the government's being able to dub anyone they like as a "terrorist" and then try to deprive them of Constitutional protections accordingly.

I was being facetious when I spoke of not having the right to an attorney if you are a suspected terrorist. NOW that right exists. It sure as hell didn't exist for the terrorist suspects at Gitmo for a long, long time, did it? And look at how hard the Bush administration resisted attempts to enforce the Sixth Amendment with respect to the Gitmo detainees. That speak volumes about Bush and his entire administration.

 

[Toronado3800]

Had to double check. The article says "domestic" suspects so I suppose that means citizens. Here is a case where I am in favor of big government not having this power.

In reality I have not been arrested THAT MANY times I know how long it takes to get mirandized and get in the lawyer request on average. Suppose this will extend it three hours at the least.

 

[George Costanza]

Had to double check. The article says "domestic" suspects so I suppose that means citizens. Here is a case where I am in favor of big government not having this power.

In reality I have not been arrested THAT MANY times I know how long it takes to get mirandized and get in the lawyer request on average. Suppose this will extend it three hours at the least.

The Miranda rule du jour (it changes from month to month) is that if a suspect is under arrest, or the "functional equivalent of an arrest," he must be Mirandized prior to questioning. There are several exceptions to this which usually do not apply, so I won't go into them here.

Being placed in the back seat of a police car, being handcuffed, being told to sit on the curb, prior to actually being placed under arrest, are considered to be the functional equivalent of an arrest.

 

[JBeukema]

Had to double check. The article says "domestic" suspects so I suppose that means citizens. Here is a case where I am in favor of big government not having this power.

In reality I have not been arrested THAT MANY times I know how long it takes to get mirandized and get in the lawyer request on average. Suppose this will extend it three hours at the least.

The Miranda rule du jour (it changes from month to month) is that if a suspect is under arrest, or the "functional equivalent of an arrest," he must be Mirandized prior to questioning. There are several exceptions to this which usually do not apply, so I won't go into them here.

Being placed in the back seat of a police car, being handcuffed, being told to sit on the curb, prior to actually being placed under arrest, are considered to be the functional equivalent of an arrest.

Am I being held or am I free to go?