Dzhokhar Tsarnaev http://wfpl.org en Legal Debate Over Boston Terror Suspect's Miranda Rights Continues http://wfpl.org/post/legal-debate-over-boston-terror-suspects-miranda-rights-continues <p>The White House announced on Monday that <a href="/post/boston-marathon-bombing-dzhokar-tsarnaev-has-been-charged">Dzhokhar Tsarnaev will not be treated as an enemy combatant,</a> which adds more nuance to the legal debate regarding the 19-year-old terror suspect's legal rights.</p><p>After being taken into custody, federal authorities said Tsarnaev, who is a naturalized U.S. citizen, was not read his Miranda rights. Law enforcement cited the <a href="http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest">public safety exception</a>, which was first carved out in a 1984 U.S. Supreme Court decision in the <a href="http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&amp;vol=467&amp;invol=649" target="_blank"><em>New York v. Quarles</em></a> case.</p><p>In that situation, police questioned an assailant about the location of a weapon &nbsp;before reading his Miranda rights.</p><p>University of Louisville Law Professor Russ Weaver told WFPL the exception defined in the Quarles case is rarely used and remains legally controversial</p><p>"There have been very few decisions applying that ruling since then so nobody really knows what it means. The question is when is it going to be applied and what does it mean? I don’t think anybody really knows," he said.</p><p>"You can make an argument for a case like this, saying ‘Look there may be a bombing ring or could be other things being plotted so there is a public safety reason for not applying Miranda in this situation.'"</p><p> Mon, 22 Apr 2013 19:59:37 +0000 Phillip M. Bailey 5090 at http://wfpl.org Legal Debate Over Boston Terror Suspect's Miranda Rights Continues Senator Dan Coats Discusses Boston Terror Suspect's Injuries, Miranda Rights http://wfpl.org/post/senator-dan-coats-discusses-boston-terror-suspects-injuries-miranda-rights <p>Appearing on ABC's 'This Week', Republican U.S. Senator Dan Coats of Indiana says the 19-year-old terror suspect apprehended in the Boston Marathon bombing cannot share any information at this moment due to a bullet wound to the neck.</p><p>"The information we have is that there was a shot to the throat. And it’s questionable whether — when and whether he’ll be able to talk again," Coats told 'This Week' host George Stephanopoulos. "Doesn’t mean he can’t communicate, but right now I think he’s in a condition where we can’t get any information from him at all."</p><p>Coats is a member of the Senate Intelligence Committee and was on the Sunday morning politics program to discuss the Boston attacks.</p><p>He was also asked whether the alleged bomber, Dzhokhar Tsarnaev, who is a naturalized U.S. citizen, should have been read his Miranda rights after being arrested.</p><p>"I think we should stay with enemy combatant until we find out for sure whether or not there was a link to foreign terrorist organizations," Coats said.</p><p>Watch: Sun, 21 Apr 2013 19:28:58 +0000 Phillip M. Bailey 5076 at http://wfpl.org Senator Dan Coats Discusses Boston Terror Suspect's Injuries, Miranda Rights