Former FBI agent: Boston bombing suspect might not get Miranda warning

Former FBI special agent Donald Borelli said Monday that potential suspects in the Boston Marathon bombing might not be read their Miranda rights prior to questioning by law enforcement.

"It will be an FBI led investigation... However, that is not to say that intelligence collection isn't a big part of this, and the trick is to find that delicate balance," he told MSNBC host Chris Hayes near the end of an interview. "So, for example, if there is information to be collected by intelligence means, whether it's a sensitive source, domestic, overseas, we're going to pursue that, every angle of that. If it means that somebody's in custody, and the decision is made that we to want interview this person without reading Miranda rights because right no--"

"You're saying in foreign custody?" Hayes interrupted.

"Well, even in U.S. custody I think there are situations now where a lot of people would say, 'Look, you don't need to read them Miranda rights right away.' If a very strong suspect is picked up, or someone who could provide very significant information, I think that decision could be discussed."

The Supreme Court ruled in 1984 that mandatory Miranda warnings can be waived if law enforcement officials are asking questions to deal with an imminent threat. The decision created the so-called "public safety exception" to Miranda rights.

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