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04-25-2013, 03:38 PM
  #762
Turk 16
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Quote:
Originally Posted by Yeti34 View Post
A rep from the us attorneys office was also present with the magistrate.
Yes, that would be the prosecutor. What's your point?

A magistrate is a form of judge at the federal level, part of the judiciary branch, and does not report to the chief executive. The US Atty and FBI are part of the Justice Department, which reports ultimately to the executive (POTUS). Different branches of government. Defendant was Mirandized by the judge (i.e. magistrate).

Re. Miranda and the public safety exception, this article is decent.

http://www.theatlantic.com/national/...rights/275189/

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