Not really. The government can claim whatever it wants, even that the Miranda warnings should never be required and that Miranda v Arizona was wrongly decided.Warren Dew wrote: You're describing the situation under Bush. Obama is going further, and claiming he can do all this, and still use any information obtained in court due to "exigent circumstances".
The public safety exception that they're talking about has existed for many years, but the issue is whether this given situation falls within that exception. That will be up to the court, if the government offers answers to custodial interrogation questions at trial.
THEY DON'T HAVE TO READ HIM HIS RIGHTS. They don't have to read ANYONE their rights.
I.e -- cops can pick him up, arrest him, book him, and wait to read the rights. The reading of the rights is if the cops want to use the answers to convict him. That's where the exceptions come in. Sometimes, not reading rights won't prevent a confession under custodial interrogation from being admitted -- like - if a victim is thought to be in danger and you have to ask the guy where she is in order to save her and the clock is ticking. Then that will likely not bar admission of the cop's testimony about the conviction.
Remember - what we're talking about is a cop taking the stand to testify what the guy said - an admission.