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here is what i've learned about how it stands currently:::
The Obama administration has created a new policy that allows investigators to waive Miranda warnings for domestic-terror suspects, even when there is not an “immediate threat,” a report said Thursday.
The rule was revealed by an FBI memorandum obtained by The Wall Street Journal. It says that in “exceptional cases,” investigators can hold suspects without informing them of their rights.
The policy applies where investigators “conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat.”
A 1966 Supreme Court ruling said that law-enforcement officials must notify suspects of their right to remain silent and have an attorney present for questioning. Another decision, 1n 1984, gave law enforcement the ability to question suspects for a limited time without a Miranda warning where public safety was at stake.
The 1984 exception has been used to justify interrogating domestic-terror suspects for hours without reading them their rights.
With the new rules, that exception has been significantly expanded.
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