View Single Post
04-25-2013, 02:44 PM
Culture of Hockey
Classless Fanboy
Culture of Hockey's Avatar
Join Date: Dec 2011
Location: Between ET & CT
Country: United States
Posts: 8,596
vCash: 500
Originally Posted by Yeti34 View Post
FBI wasnt happy they were only 16 hours into the 48 assumed time.
Perhaps. I haven't seen any information about the detailings of the questionings and if it's even out there for public consumption. The 48 hours is the maximum time that can be allotted for the exception, but it's not a concrete "this is how long we have" number.

from a 2011 FBI bulletin detailing the exception:

Once the questions turn from those designed to resolve the concern for safety to questions designed solely to elicit incriminating statements, the questioning falls outside the scope of the exception and within the traditional rules of Miranda.
So, at some point during that questioning, it must've been determined that the scope of questioning changed and he had to be mirandized. The FBI might not have liked it. But someone made the determination that the public safety exception couldn't be used anymore or risk jeopardizing the admissibility of the information/evidence gained from that point on.

Culture of Hockey is offline