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Case Western Reserve Law Review

2015

Mirianda

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Full-Text Articles in Law

The Unlikely Meeting Between Dzhokhar Tsarnaev And Benjamin Quarles, Brian Gallini Jan 2015

The Unlikely Meeting Between Dzhokhar Tsarnaev And Benjamin Quarles, Brian Gallini

Case Western Reserve Law Review

Part I explores the Marathon Bombing in more detail alongside the government’s reliance on Quarles to interrogate Tsarnaev. Part II then seeks to place the Tsarnaev interrogation in the context of modern judicial constructions of the public safety exception. Doing so firmly illustrates that the government’s position was unsupported by judicial precedent.

By focusing on the Quarles decision itself, Part III then seeks to provide a proper historic context for the government’s decision not to read Tsarnaev his Miranda warnings. In particular, Part III considers the Justices’ private papers from Quarles to demonstrate that the Court never considered anything beyond …