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Beyond Bin Laden And Lindh: Confessions Law In An Age Of Terrorism, M. Katherine B. Darmer Jan 2003

Beyond Bin Laden And Lindh: Confessions Law In An Age Of Terrorism, M. Katherine B. Darmer

M. Katherine B. Darmer

This paper uses the cases of United States v. Bin Laden and United States v. Lindh to explore the special problems raised by confessions in cases that implicate national security. In the first case, the district court suppressed statements made abroad during the investigation of the 1998 bombings of U.S. embassies in Kenya and Tanzania, holding, in essence, that the suspect should have been given Miranda warnings. In the second case, the suspect's motion to suppress his confession was never heard becuase of a guilty plea, leaving a number of important questions unresolved.

The paper argues that needs of national …


In Defense Of The Search And Seizure Exclusionary Rule (Law And Truth - The Twenty-First Annual National Student Federalist Society Symposium On Law And Public Policy - 2002), Yale Kamisar Jan 2003

In Defense Of The Search And Seizure Exclusionary Rule (Law And Truth - The Twenty-First Annual National Student Federalist Society Symposium On Law And Public Policy - 2002), Yale Kamisar

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think Dean Pye's advice about casebook writing was sound,6 and what he had to say also applies to discussions and debates about such issues as the search and seizure exclusionary rule. We cannot (at least we should not) begin with Mapp v. Ohio. We need a prelude.