Boston bombing suspect Dzhokhar Tsarnaev, captured last Friday evening, was not informed of his right to remain silent and his right to a lawyer until Monday morning, nearly three days after his arrest. The FBI said the delay was justified under the "public safety" exception to Miranda v. Arizona, the 1966 ruling in which the Supreme Court said the now-familiar warnings are required to enforce the Fifth Amendment's guarantee against compelled self-incrimination. But Senior Editor Jacob Sullum argues that the public-safety exception itself is not justified, which he says becomes clear when you consider the 1984 decision that announced it.
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The officer turned his body camera off, but the incident was still recorded.
"I refuse to construct some kind of character who is going to appease everybody."
New York City, Which Defended Its Onerous Gun Transport Restrictions As Necessary for Public Safety, Concedes They Weren't
Several justices seem skeptical of the claim that revising the rules after SCOTUS agreed to consider a challenge to them made the case moot.
Plus: Twitter terms seem to permit "shadowbanning," the case for Craigslist sex ads, and more…