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Sniper-T
04-20-2013, 04:43 PM
Now that police have secured the second of two suspects in Monday's Boston Marathon bombing, the long and meticulous process of examining motives, methods and possible links begins.

A Justice Department official said Friday the government is invoking a seldom-used public safety exception permitting officials to engage in a limited and focused unwarned interrogation of a suspect - in this case Dzhokhar Tsarnaev - without first reading him his typically assured Miranda rights. That official, as well as a second, both of whom spoke on the condition of anonymity, says Tsarnaev will be questioned by a special interrogation team for high-value suspects.

The public safety exception not only permits the unwarned questioning of a suspect, but also allows the government to introduce any statement yielded by such interrogation as evidence in court. The exception is triggered when authorities have an objectively reasonable need to protect themselves or the public from a clear and present danger.

However, the exception lasts only 48 hours and should be extended by declaring Tsarnaev a potential enemy combatant, under the Law of War, Republican Sens. Lindsey Graham, South Carolina; John McCain, Arizona, and Kelly Ayotte, New Hampshire, said in a statement Saturday. They were joined by New York Republican Rep. Peter King.

According to media accounts, Tsarnaev and his brother, Tamerlan, were Muslims who recently gravitated to a radical strain of Islam, going so far as to post Anti-American, jihadist videos on social-media sites. Both are thought to have as-yet-unprobed ties to a radical Muslim cleric hellbent on the destruction of the American way of life.

A day-long dragnet for Tsarnaev ended Friday, with police capturing the suspect covered in blood and hiding in a boat in the backyard of a man who called 911 after becoming suspicious of activity on his property.

"We got him," Boston Mayor Tom Menino tweeted moments later, as neighbors gathered to form a gauntlet of cheers while a phalanx of police cars departed the scene.

Police moved in on Dzhokhar Tsarnaev Friday evening after a tip led them to the home on Franklin Street, where he apparently had been hiding in the back yard.

Neighbors said they heard more than 30 shots likened to "a roll of firecrackers shooting off." Police swarmed the scene, and several explosions, possibly police concussion grenades, were heard after a robot moved in on the boat. Less than two hours later, at about 9 p.m., the suspect, believed to have been injured in a wild shootout that spanned Thursday night to Friday morning, was being taken to Beth Israel Hospital.

No police were injured when shots were fired by the boat.

"We are so grateful to bring justice and to bring closure to this case," Massachusetts State Police Col. Tim Alben said moments later, at a staging area set up down the block from the crime scene. "We have a suspect in custody."

Sources told Fox News the shed and the boat had been searched earlier, but a local man noticed a door to it had been opened, saw blood on the tarp and called police.

"It was a call from a resident of Watertown," Watertown Police Chief Edward Deveau said. "We got that call, and we got the guy."

Boston Police Commissioner Ed Davis said Tsarnaev was in serious condition and was found "covered with blood." He did not come out from inside the boat willingly, despite the efforts of negotiators, Davis said.

"We assume that those injuries came from the gunfire the night before," Davis said. He also said Tsarnaev did not have any explosives with him when he was taken into custody.

The hiding place was found just moments after police said their hunt for Tsarnaev, one of two radical Muslim brothers suspected in Monday's attack, had gone cold and urged people to "go about your business."

"We are so grateful to bring justice and to bring closure to this case. We have a suspect in custody."
- Mass. State Police Col. Timothy Alben

Shortly after the capture was announced, Watertown residents poured out of their homes and lined the streets to cheer police vehicles as they rolled away from the scene.

Celebratory bells rang from a church tower. Teenagers waved American flags. Drivers honked. Every time an emergency vehicle went by, people cheered loudly.

"Tonight, our family applauds the entire law enforcement community for a job well done, and trust that our justice system will now do its job," said the family of 8-year-old Martin Richard, who died in the bombing.

Early in the day, police told residents of several city neighborhoods, especially Watertown, to stay inside. School was canceled, bus and train service suspended and people were even told not to venture out for work. But those restrictions were lifted at the news briefing Friday night about 15 minutes before the gunshots were heard.

The boat Tsarnaev hid under was just outside the tight perimeter where Black Hawk helicopters patrolled the sky and police went door-to-door hunting for him, police said. Police say he and his older brother, Tamerlan Tsarnaev placed the deadly bombs, at least one of which was made from a pressure cooker packed with explosives and shrapnel, at the race, killing three and injuring more than 180. The sibling suspects are from Dagestan, a province in Russia that borders Chechnya, but have been in the U.S. for as much as a decade..

On Thursday night, hours after the radicalized Muslims were fingered by the FBI and their images circulated around the world, they killed a Massachusetts Institute of Technology police officer and carjacked an SUV from a man who later escaped. The brothers led police on a chase through city streets that included a wild shootout that saw some 200 shots fired and the suspects hurling pipe bombs from the SUV. Bizarrely, police discounted earlier reports that the brothers had robbed a 7/11, saying although it had been robbed, and they had been caught on surveillance video, they were not the robbers.

The pursuit went into Watertown, where Tamerlan Tsarnaev, 26, was shot several times in the gunfight. But Dzhokhar Tsarnaev somehow slipped away, running over his already wounded brother as he fled by car, according to two law enforcement officials who spoke to The Associated Press on condition of anonymity. Tamerlan Tsarnaev was pronounced dead at Beth Israel Hospital Deaconess Medical Center Friday morning. But at some point following the shootout and car chase, the younger brother fled by foot, according to State Police, who said Friday night they don't believe he now has access to a car.

During the pursuit, a MBTA transit police officer was seriously injured and transported to the hospital, according to a news release. He was identified as Richard H. Donahue Jr., 33, and was at Mount. Auburn Hospital in critical but stable condition.

The suspects' bloody rampage claimed the life of MIT Police Officer Sean Collier, 26, who was found shot to death in his squad car at 10:20 p.m. Thursday in what Davis termed a "vicious assassination."

Moments after the shooting, the brothers carjacked the Mercedes SUV from Third Street in Cambridge and forced the driver to stop at several bank machines to withdraw money. The driver later told police that the brothers had bragged to him that they were the marathon bombers, law enforcement authorities said.

“The guy was very lucky that they let him go,” Massachusetts State Police spokesman David Procopio said.

It was when police were working to activate the tracking device on the stolen SUV, that other patrol officers spotted it in nearby Watertown, touching off the dramatic chase.

FBI Special Agent Rick Deslauriers said Friday night the FBI pored though thousands of tips, and chased down countless leads in the intense probe following the terror attack on Monday.

"The was a truly intense investigation," Deslauriers said. "As a result of that justice is being served for each of the victims of these crimes."

realist
04-20-2013, 08:36 PM
An interesting note is they are suspending his Miranda rights and are questioning him. I would imagine there are a bunch of lawyers out there that are just going ape shit over this.................tooooooo Baaaaaaaaaaaaaad. That said they said it was under the exigency clause. Well considering he is a citizen (I know naturalized} I wonder how often this clause is exercised since this is the first I have hear of it. I would imagine it is in the Patriot Act.

I did like his uncle's statement basically calling them pieces of shit. Then there was the aunt or mom, I never heard which, well she was a real treat. I would imagine it was the mother because if I had a wife like her I would have gone back to Russia too........

So how many more of these people out there? Who knows, it is always something to be watchful for. They don't have to be foreign born either............

Keep vigilant.

bacpacker
04-20-2013, 11:42 PM
Dead on Realist. It pays to keep your head on a swivel now days, don't matter who it is around you.

helomech
04-21-2013, 12:39 PM
Since he is a citizen I don't like the miranda rights being taken from him. I believe that is wrong. I believe there is plenty of evidence against him, I see no real reason to violate the constitution. No law of the land supersedes the constitution and miranda was found to be a constitutional right.

realist
04-21-2013, 01:27 PM
Remember Miranda will protects you only from self incrimination. If you answer they can't use it against you. However they can ask all the questions they want. In this case both of the brothers confessed to the cab driver they were the bombers, so a confession is the least of what the authorities want. They want any other people involved. Miranda does not apply in this situation. So for them to say they are suspending Miranda is not entirely correct.

izzyscout21
04-21-2013, 01:31 PM
His miranda rights haven't been taken away. They have just not been invoked yet. But you're right Helo, im uncomfortable with the concept.


here's how this was originally intended to be used:


The clause that allows for the temporary withholding of the miranda rights, was put in place after an incident centered around a robbery. In this instance, the suspect ditched the gun (iirc, it was near a school?). Police needed to know where he ditched the gun so that some kid didn't pick it up, but were hindered from asking due to the miranda rights.


instances like the above are what the suspension clause is for.


in this case, i think it may be getting misused. But as far as evidence goes, it really doesnt matter. There is so much video of him dropping the bombs, and they confessed to the guy they carjacked. He has already admitted guilt.


between the terrorism charges, murder charges, and whatever else gets thrown at him, i see his life being ended by lethal injection.

eagle326
04-21-2013, 01:53 PM
I concur with you Izzy ; But lethal injection will take probably 20 years to get to pending appeals and such. It's my belief that with such over whelming evidence that he and others like him should be taken out and dispatched right after trial.
Free up prison space and set an example to other would be criminals. Even those who have sitting in prison on my dime right now.

realist
04-21-2013, 02:32 PM
I agree put him at the front of the group. How about on an unannounced day, at an unspecified time and buried in an unmarked grave or landfill.

Grumpy Old Man
04-21-2013, 02:45 PM
The thing that worries me most about this is the fact that they are Chechnyan muslims. They are particularly violent in their acts. Remember Beslan School a few years ago?

Vodin
04-21-2013, 03:06 PM
Is it just me or do you see what might have occurred. Did we just witness a version of martial law?

izzyscout21
04-21-2013, 03:09 PM
Is it just me or do you see what might have occurred. Did we just witness a version of martial law?
Ummmm..... No.

bacpacker
04-21-2013, 03:55 PM
Looking at this from the question of marshal law. They had 10,000 people looking for one and spent all day trying to find him and he wan't even in the area they had blocked off. If the folks that called it in no telling how long it would have took. Multiply that across the county with all the rural areas. I just don't see if being that effective, short of bring in massive numbers of troops ( most likely forigen since I don't think our troops would back it for an extended period).

Vodin
04-21-2013, 08:22 PM
Wow I gotta disagree

“Shelter in Place” is a statement that is used by Red Cross, Homeland Security and other Public Authorities. (Changed due to further research)

http://en.wikipedia.org/wiki/Shelter_in_place

It means all but first responders and medical personnel, must stay at home until an all-clear signal is given.

This has been done by Boston 2 times one for a large snow storm and the latest event.

The way I see it is if the people are asked to remain indoors until a certain result is accomplished.

Wait a minute this is a free country right? Should we hunker down and wait until we are given the ok?

Ok this is not a true Marshall Law... but it seems that a free people are expected to become more compliant.

Vodin
04-21-2013, 09:41 PM
Any society that gives up a little freedom for a little security deserves neither and loses both – Benjamin Franklin

DarkLight
04-22-2013, 01:17 AM
Ok, I think we need to all remember a few things (or get everyone on the same page in the first place) about Miranda.

I'm not a LEO, nor am I an attorney but this is something I've looked into as I do have LEOs in my family. Miranda, although commonly referred to as a "right", is nothing of the sort. It is a warning and a notification to a suspect in custody of their 5th and 6th Amendment rights (those are the rights).

Officers can, if the situation calls for it, decline to offer the Miranda warning and question or interrogate the suspect and even act on anything that they learn. What they cannot do is a) use anything they learn during that time as evidence against the suspect in court, b) use anything they learn _because_ of anything they learned as evidence against the suspect in court, or c) use anything they learn during this set of questioning as the basis for future questioning after the Miranda warning has been given.

The exemption we are discussing now goes one step further and allows the investigators to ask VERY specific questions that are related to, in this case National Security, without informing (or reminding) the suspect in custody of his 5th and 6th Amendment rights (via Miranda) but still use any information they obtain in court to incriminate him.

Miranda is just to make sure the suspect knows and remembers that they have rights during a stressful time and to make sure that LEOs and investigators don't get too over zealous.