My daughter in Boston had called and was telling me what an insane day it's been and that the command center for all the agencies involved was in the parking lot of the Home Depot where she works. Literally seconds after we hung up, they captured him. Phew!
Yep, it's called the Miranda Exception. The FBI can delay reading Miranda Rights temporarily to question him in order to determine if other accomplices or explosives exist as a threat to public safety. Tonight's decision to take this step was cleared by the DOJ.
WIKI: The Miranda rule is not, however, absolute. An exception exists in cases of "public safety". This limited and case-specific exception allows certain unadvised statements (given without Miranda warnings) to be admissible into evidence at trial when they were elicited in circumstances where there was great danger to public safety.
The public safety exception derives from New York v. Quarles, a case in which the Supreme Court considered the admissibility of a statement elicited by a police officer who apprehended a rape suspect who was thought to be carrying a firearm…. The rule of Miranda is not, therefore, absolute and can be a bit more elastic in cases of public safety. Under this exception, to be admissible in the government's direct case at a trial, the questioning must not be "actually compelled by police conduct which overcame his will to resist," and must be focussed and limited, involving a situation ""in which police officers ask questions reasonably prompted by a concern for the public safety."
Many of the facts about the events in Boston this week are still yet to be revealed, and many, we may never learn. But watching it all unfold in the media and on social networks has led me to a profoundly disturbing observation.
I keep seeing people of all ages posting "What is happening to this country?!" or "What is the world coming to?!" To these and others, I have to pose this question: to what country are you referring? Which world are you talking about?
This mythical time and place where evil never reared its head and no one ever committed acts of unfathomable horror never existed. Are you talking about Mumbai in 2008? NYC in 2001? Surely not Oklahoma in 1995? Lockerbie in 1988? And on and on...
The seeds of violent acts are not sown in waves but in drops. Every day, intolerance, neglect, and poverty stoke the flames of anger inside young men and women around the world. Every day, someone in this country doesn't get the ongoing help they need for a mental illness or can't afford their medication. Every day, there are thousands of young people whose spirits are broken by their families or their peers or their adopted countries because they are different.
The reason "What is happening to this country?!" disturbs me so much is that it implies that all of this hasn't been happening all along. It implies that we didn't KNOW it was happening all along, or that we forgot. Or ignored it.
So how does it all stop? We remain vigilant. We keep our eyes open and look out for one another.
But more importantly, we remain vigilant in times of peace and guard against the apathy that leads to atrocity. We remain vigilant in loving each other and lifting each other up and empowering one another to see love and seek help and find peace. Every day. So that we don't have to ask "what is this world coming to?"
We will already know because we were paying attention.
I watched this thing with equal measures of surrealism and deja vu: The former because it's my hometown and the events of the past two days were smack in the middle of my former neighborhood; The latter because it wasn't all that different in NYC some dozen years ago.
One thing about Boston... They don't get mad. They get even.
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