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04-25-2013, 02:44 PM
Son of Marshmont
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Join Date: Dec 2011
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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.

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