Thanks to the "Public Safety Exception" to Miranda (which was created in 1980), the government is not forced to choose between treating a suspect as an enemy combatant or immediately allowing said suspect to hide behind an attorney and the right to remain silent. In extraordinary circumstances, when a suspect is believed to be part of a broader conspiracy that might result in the loss of innocent life, authorities have 48 hours to question the suspect before mirandizing him.
Dzokhar Tsarnaev, the man suspected of being a co-conspirator in the Boston Marathon bombings, was mirandized after only 16 hours of questioning. According to Fox News, FBI officials were "stunned" when federal District Court Judge Marianne Bowler arrived at the hospital and read Tsnarnaev his rights. Sources told Fox News that this premature action might have hurt the investigation.
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