Failure to Mirandize Does Not Violate Constitution or 'Miranda'

, The National Law Journal


Much of the discussion in the media on whether the surviving Boston bombing suspect should have been given Miranda warnings when he was arrested appears to be based on a misconception: that law enforcement officers are required to give suspects the warnings set forth in Miranda v. Arizona and that failure to do so is a violation of the law, at least if the public-safety exception doesn't apply. That is not correct.

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Originally appeared in print as Failure to give 'Miranda' warnings does not violate the Constitution or 'Miranda v. Arizona'

What's being said

  • Mr. N.I. Silver

    Am I not correct that a warrantless search can result in a compensable civil rights claim, with civil damages against the officers who conducted the search? And that civil liability in common law actually predates the exclusionary rule which applies to the criminal case?

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