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Law enforcement sources say that the suspect in today s attack is a 29-year-old man from uzbekistan who came to the united states in 2010. he was shot by police, taken into custody alive and had surgery this evening. a source tells cnn he is now out of surgery, though we are told the question now is what happens next. joining me now is cnn legal analyst jeffrey toobin. in terms of he gets out of surgery, is he mirandized? no. and this has been very controversial. there is what s called a public safety exception to the miranda rule. the miranda rule is when people are arrest they d are told they havehe right to remain silent and the right to a lawyer. when there is a threat to public safety as a situation like this obviously is, police are allowed to ask a series of questions about public safety. was anyone else involved? ....
I would assume that prosecutorse intel. that can t be used in court. the prosecutor wants to put the guy away. the kid was admitting all this stuff, but theyi couldn t use it int court. they re probably thinking,e mirandized the guy. he s going away forever or death. it doesn t matter. we had the opportunity to get more information. the intelligence isun what matters. there is no way he was going to walk. he was goingmo to he was gon. he s gone anyway. so they might as well waited. they didn t need the extra information. they need thea intel. who else wasra involved? there is a time limit on that. follow the money. who financedt this? there is a time limit on how long you can question them. i don t agree with it.ys they should say judge, we re under our rights here. listen, this is going to behi solid legal ground. they have public safety, they also got to treat him as enemy ....