Legal Commentary

Text of the FBI Memo on Miranda and Questioning of Terror Suspects:

By Paul Cassell

Following up on my post from yesterday about the FBI?s new policy of using the ?public safety? exception to Miranda to question terrorism suspects  ? The NY Times has the text of the FBI?s memo, found here.

The larger interesting question is why should the new policy be limited to suspected terrorists.  Presumably FBI agents question many other suspects who pose a threat to the American people.  It seems to me that the FBI should use the recognized public safety exception in all circumstances where it is applicable, not just the relatively exotic situations where terrorism is involved.

Full post as published by The Volokh Conspiracy on March 25, 2011 (boomark / email).