Much of the discussion in the media on whether the surviving Boston bombing suspect should have been given Miranda warnings when he was arrested appears to be based on a misconception: that law enforcement officers are required to give suspects the warnings set forth in Miranda v. Arizona and that failure to do so is a violation of the law, at least if the public-safety exception doesn’t apply. That is not correct.
Although the consequences of failure to give Miranda warnings and failure to obtain a search warrant in circumstances in which a warrant is required are the same suppression of evidence legally they are very different.
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