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  •  The point of Quarles (3+ / 0-)
    Recommended by:
    Losty, raincrow, Adam B

    ...isn't that it makes it easier to get evidence against your suspect, it's that, in cases where the exception applies, you need to get your subject to tell you things to keep people safe.

    Even if this guy never says another word in his life, there is so much evidence that you could convict him on 100 different charges, and build a second moon with the leftover evidence.

    They're invoking Quarles in an effort to ensure there aren't any bombs still waiting to explode out there, or a third man waiting to explode them. Quarles just means that, in doing so, they don't lose the right to introduce his answers in court.

    I'm as hesitant to trust our current SCOTUS as you are (about as far as I can throw Scalia, I think). There are a lot of things the court has done, is doing, and will do that are bad. Worry about those things. Quarles is not the slippery slope you're looking for; this is why it exists (much more so, in fact, that the last headliner use of it...)

    "All opinions are not equal. Some are a very great deal more robust, sophisticated and well supported in logic and argument than others." -Douglas Adams

    by Serpents Choice on Fri Apr 19, 2013 at 08:06:18 PM PDT

    [ Parent ]

    •  Maybe it's just Because I don't trust them.. (0+ / 0-)

      As far as I can throw Thomas (He's Fatter right??)

      Those 2 questions, and the first one At Least.. IS a given to Public Safety, and if it stops there if the answer is "no." that may be OK..

      It's just I can see that slope of "Pot is Bad, it's A Public Safety Issue, Think of the Children, Person X smokes Pot, so he may know someone who does, and that could harm The Children."  

      If limited to the "Any More bombs lying around.. How about Other people you or your brother gave bombs to"  More than that, and it gets interesting..  

      And think about when he's stable enough (assuming he isn't well enough now...Shot, Shock, Loss of blood..)  And his lawyer walks in.  What's the first thing he says assuming he allows him to answer the " Any More Bombs? question..  after the public safety question is answered, what do you tell your client?  "Not Another Word..."

      •  Really, though, it's not a subjective test (0+ / 0-)

        If you have to jump through a couple hoops to argue that something could maybe kinda be related to public safety, they will laugh you out of the court for claiming the Quarles exception. Pot is not a "public safety" issue in the legal sense of that phrase.

        And honestly, I have no idea what I'd do in his lawyer's shoes. Well, yes, I do. I'd ask why the hell I'm there, since I'm not licensed to practice! But, honestly, in a case like this, where there is essentially infinite physical evidence against the suspect, such extraordinary scrutiny that there's no real chance of procedural errors, and immense animus due to the heinous nature of the crime, the best bet is probably to be as cooperative as possible -- throw anyone else involved under the bus, admit everything you know, and hope that you're convincing as an "unwitting and unwilling pawn in a horrible scheme", which I suspect is at least a little accurate (although those pictures of him smiling are going to make that a hard play, too...). Then you hope you can bargain the sentencing down from "execution or oubliette" territory, somehow.

        "All opinions are not equal. Some are a very great deal more robust, sophisticated and well supported in logic and argument than others." -Douglas Adams

        by Serpents Choice on Fri Apr 19, 2013 at 08:47:15 PM PDT

        [ Parent ]

      •  If his lawyer has come in ... (0+ / 0-)

        ... then you're already post-Miranda, because part of Miranda is reminding the suspect of his right to have one present.

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