Evidence Potentially Not Admissible as Boston Bombing Suspects Miranda Rights Not Read

Some question if the suspect will even be brought to trial as the authorities failed to read him his Miranda rights.

WATERTOWN, MA – APRIL 21: Law enforcement investigators continue collecting and processing evidence at the shooting scene near a boat where bombing suspect was hiding from police and eventually caught on Franklin Street on April 21, 2013 in Watertown, Massachusetts. A manhunt for Dzhokhar A. Tsarnaev, 19, a suspect in the Boston Marathon bombing ended after he was apprehended on a boat parked on a residential property in Watertown, Massachusetts. His brother Tamerlan Tsarnaev, 26, the other suspect, was shot and killed after a car chase and shootout with police. The bombing, on April 15 at the finish line of the marathon, killed three people and wounded at least 170 (Photo by Kevork Djansezian/Getty Images)

by Shepard Ambellas
Intellihub.com
April 21, 2013
WATERTOWN — The Boston Marathon bombing suspect, Dzhokhar Tsarnaev, allegedly responsible for killing 3 people and wounding over 180 last Monday at the Boston Marathon in a terror attack using Improvised Explosive Devises (IED’s) in conduction with an accomplice, his brother, 26 year old Tamerlan Tsarnaev, has been captured by authorities.
Dzhokhar Tsarnaev, 19, remains in “serious condition” at the Beth Israel Hospital and has not been read his Miranda rights as a special interrogation team will be brought in to conduct an oral investigation. However, this raises concern for some as the 19 year old suspect was not read his Miranda rights.
While there can be an exception to this in cases such as this one, the law essentially dictates that, “Without a Miranda warning, nothing a person says in response to a custodial questioning can be used as evidence against the person at his or her trial. In addition, under the “fruit of the poisonous tree” rule, if the police find evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial”, according to a write up entitled, ‘Miranda Rights: What Happens If Police Don’t ‘Read Your Rights‘.
So what are Miranda rights?
According to an excerpt from Nolo.com;

Popularly known as the Miranda warning (ordered by the U.S. Supreme Court in Miranda v. Arizona), a defendant’s rights consist of the familiar litany invoked by TV police immediately upon arresting a suspect:

• You have the right to remain silent.
  
• If you do say anything, what you say can be used against you in a court of law.
  
• You have the right to consult with a lawyer and have that lawyer present during any questioning.
  
• If you cannot afford a lawyer, one will be appointed for you if you so desire.
  
• If you choose to talk to the police officer, you have the right to stop the interview at any time. (This part of the warning is usually omitted from the screenplay.)
  

All of this has some wondering the actual involvement of the suspects in the bombing as we still have allot of unanswered questions. In fact the brothers father says he saw no signs that would point to his sons committing such acts of violence. The 2 suspects uncle also stated to press last week that he didn’t think his nephews were capable of such attacks but describes the two as “losers”. The uncle later went on to publicly disown his nephews.
So what do authorities really have evidence wise that could possible link the brothers to the marathon bombing on Monday? According to a report issued by the Associated Press;

Watertown Police Chief Edward Deveau said one of the explosives was the same type used during Monday’s Boston Marathon attack, and authorities later recovered a pressure cooker lid that had embedded in a car down the street. He said the suspects also tossed two grenades before Tamerlan Tsarnaev ran out of ammunition and police tackled him.

But while handcuffing him, officers had to dive out of the way as Dzhokhar drove the carjacked Mercedes at them, Deveau said. The sport utility vehicle dragged Tamerlan’s body down the block, he said. Police initially tracked the escaped suspect by a blood trail he left behind a house after he abandoned the Mercedes, negotiating his surrender hours later.

Boston Police Commissioner Ed Davis told CBS’ “Face the Nation” that authorities found an arsenal of homemade explosives after the gun battle between police and the two suspects. The cache of weapons uncovered led investigators to believe the suspects were likely planning other attacks.

“We have reason to believe, based upon the evidence that was found at that scene — the explosions, the explosive ordnance that was unexploded and the firepower that they had — that they were going to attack other individuals,” Davis said. “That’s my belief at this point.”

The scene of the gun battle was loaded with unexploded bombs, and authorities had to alert arriving officers to them and clear the scene, Davis said. One improvised explosive device was found in the Mercedes the brothers are accused of carjacking, he said.

Sources:
^http://www.fbi.gov/boston/press-releases/2013/update-on-condition-of-dzhokhar-tsarnaev
^http://www.nolo.com/legal-encyclopedia/police-questioning-miranda-warnings-29930.html
^http://www.ctvnews.ca/world/interrogators-wait-to-question-wounded-bombing-suspect-1.1247338
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Shepard Ambellas is the founder & director of Intellihub.com (a popular alternative news website), researcher, investigative journalist, radio talk show host, and filmmaker.