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Boston Marathon Bomber and Miranda Warnings

Posted by attorney Rhett Burney

A lot has been said recently about the fact that law enforcement may not have yet read the lone surviving marathon bomber his Miranda rights. Miranda warnings are usually read to people when they are arrested. Everyone has heard the warnings on TV and the movies. Suspects are told they have the right to have an attorney, the right to remain silent, etc. If a suspect is not read his Miranda warnings then most evidence learned from questioning the suspect cannot be introduced as evidence at trial. What many people mistakenly think is that if they are not read their Miranda rights that their charges must be dropped and dismissed. This is not true. Failing to read Dzhokhar Tsarnaev, the Boston Bomber, his rights will not result in him going free. It just means that any evidence law enforcement learns from him prior to his Miranda warnings being read may not be used in a trial against him. However, in this case I don’t think the government will be lacking any evidence against Dzhokhar Tsarnaev with or without reading him his Miranda rights, especially if they treat him as an enemy combatant.

-Rhett D. Burney

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