Relates to suspects charged with crimes of terrorism

Summary of specific provisions

Section One of this bill would codify the public safety exception to the Miranda requirements as follows:

Any defendant, who is a citizen of the United States, suspected of committing, facilitating or participating in any crime related to an act of terrorism, would not be required to be charged, be given Miranda warnings, or be allowed access to counsel, for not less than 48 hours after being taken into custody.

Any statement by such a defendant, within such 48 hour period, would not be permitted to be used as evidence in the trial of such defendant without his or her consent provided after having an opportunity to consult with counsel.

Any evidence obtained as a result of, or derived from, a statement by such defendant, within such 48 hour period, may be used as evidence in the trial of such defendant, if it can be demonstrated that such evidence so obtained or derived, could have reasonably been discovered without such statement.

Any defendant, who is not a citizen of the United States, who is suspected of committing, facilitating or participating in any crime related to an act of terrorism shall be deemed a foreign enemy combatant.

A foreign enemy combatant shall not be required to be charged, be given Miranda warnings, or be allowed access to counsel.

A foreign enemy combatant shall be delivered to the custody of federal authorities, or shall be required to be charged, be given Miranda warnings, or be allowed access to counsel, within 48 hours of being taken into custody.

Statements by such a foreign enemy combatant, who is not delivered to the custody of federal authorities, within such 48 hour period, shall be treated in the same manner as those of United States citizens.

Justification

The Supreme Court of the United States held in New York v. Quarles, 467 U.S. 649 (1984), that there is a public safety exception to the

procedural requirements announced in the landmark case of Miranda v. Arizona, 384 U.S. 436 (1966). This exception, announced by the Court in 1984, recognized that a suspect need not be charged, provided Miranda warnings, nor given access to legal counsel, for 48 hours, in order to derrive evidence from the suspect that would lead to the prevention of further criminal conduct, or serious injury to people or property.

Perhaps nowhere in the law is the public safety exception announced by the Court in New York v. Quarles, more valuable or important than in cases involving terrorism. The prevention of further terrorist acts, and the incumbent possible loss of life and massive destruction of property, prove the very measure of why a public safety exception is necessary in certain cases.

This legislation would codify the public safety exception where the defendant is suspected of committing, facilitating or participating in any crime related to an act of terrorism In such case, such suspect could be questioned and would not be required to be charged, be given Miranda warnings, or be allowed access to counsel, for not less than 48 hours after being taken into custody If the suspect is not a United States citizen, then they could also be questioned and delivered to the custody of Federal authorities after 48 hours, or be treated the same as a United State's citizen, at the option of prosecuting authorities in New York.

This bill would thereby provide an important, constitutional tool to prevent future terrorist attacks, by allowing law enforcement to try to get whatever knowledge they can from the suspect, with the presence of Miranda warnings or lawyers, in the immediate time frame after the suspect is taken into custody. As the Supreme Court prescribes, these constitutional rights, advanced by Miranda, would attach, upon the conclusion of the 48 hour holding period.

Legislative history

This is a new bill in the Senate

Fiscal implications

None noted.

Effective date

This act would take effect immediately.