Talk about slippery slopes....
First of all, the kid is a citizen, so let's just forget any argument that includes "foreigners" and "aliens" as neither apply to this.
Second, let's think for a minute. Why do laws exist? They exist to "protect people from evil," "because without them no one would be safe" are but a couple of the comments I've read.
The Supreme Court's ruling regarding not Mirandizing a suspect or person of interest is based upon this premise: "...reasonably prompted by an immediate concern for the safety of the public or the arresting agents.”
Simple question- can anyone give me an instance of breaking a law that results in an arrest and subsequent custody that would not fall under that category?
John Doe was arrested for shoplifting and the local police invoked the 'public safety' clause and opted not to read him his rights before questioning began. John Doe is accused of shoplifting a $9.95 generic brand TV remote control, which authorities claim can be altered to set off an explosive device from several yards away.
Where is the line drawn and who does the drawing?
Can you name one instance in which a accussed shoplifter was not mirandized out of concern for public safety? This exception has been in place for a while, and is used very rarely, and I imagine that in this case, plenty of lawyers were consulted prior to using it this time. And from what I understand, it would be very difficult to use information obtained prior to being mirandized in a court of law.
Fwiw though, I don't agree with sending them to Gitmo either. Treat them as common criminals, don't make them special in anyway. Should be an open and shut case so this guy is looking at life in prison where he is going to make the acquaintance of some hardened criminals. At some point, he is probably going to wish he was in Gitmo.