Source:
The Raw StoryIn a move that's being heavily criticized by the American Civil Liberties Union (ACLU), the Obama administration is planning to ask Congress to delay terror suspects' probable cause hearings as a way to allow interrogators additional time for questioning before the individual is informed of their rights or shown to a judge.Standing law requires suspects be read their Miranda warning -- the age-old "right to remain silent" in the presence of officers -- and be presented to a judge to establish probable cause for imprisonment within six hours of detaining them, unless a judge is unavailable:
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If the confession occurred before presentment and beyond six hours, however, the court must decide whether delaying that long was unreasonable or unnecessary under the McNabb-Mallory cases, and if it was, the confession is to be suppressed.
Generally, if a judge is not available within six hours, law enforcement is required to bring a suspect before one for an initial hearing within the first 48 hours of imprisoning the individual.
However, that standard could soon be altered if Obama's legal advisers get their way, according to The New York Times. Anonymous administration sources told the paper that Obama plans on asking Congress to allow an extension to the period of time before a terrorism suspect must be presented to a judge, giving interrogators a wider window to act.The Times added that the rule would be included in legislation proposed by Attorney General Eric Holder, seeking to cut a loophole around the application of Miranda rights in terrorism cases.
more:
http://rawstory.com/rs/2010/0515/obama-plans-uninterrupted-interrogations/