Update: Rahami still too injured to question (& he's still in NJ custody). Question: does incapacity toll Quarles?http://www.app.com/story/news/nation/2016/09/22/official-rahami-injured-question/90873992/ …
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Replying to @BobbyChesney
No. Either there is an emergency or there isn't. If emergency passes b/c suspect incapacitated, you have to Mirandize.
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Replying to @Timothy_Edgar
2/2 anyway, Quarles may be red herring. They have ample to convict, might choose to just violate Miranda and bear the cost.
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Replying to @BobbyChesney
Or just read him his rights, get cooperation through a deal. We can get intel w/o violating 5th amendment!
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Replying to @Timothy_Edgar
I doubt they do it right away when he gets well enough. I predict they go without it for a day or two.
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Replying to @BobbyChesney @Timothy_Edgar
District court in Abdulmutallab upheld 50 minutes of Quarles-based questioning. Day-plus might be pushing it.
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Replying to @steve_vladeck @BobbyChesney
I'd want compelling reason before possibly screwing up case first. Plus - Constitution. :)
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They have his wife, which is what they've used in past to pressure coop. No need for Quarles.
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very interesting point
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Zazi, Abdulmutallab, Shahzad, all pressured by leveraging family @Timothy_Edgar @steve_vladeck
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