Thus, failing to Mirandize Dzhokhar Tsarnaev is not, in and of itself, a violation of his rights. The authorities are not constitutionally obligated to Mirandize Tsarnaev anyway, so long as they do not intend to admit Tsarnaev’s statements at trial. What the public-safety exception does — if and only if a court determines that the exception was properly invoked — is render Tsarnaev’s unwarned statements admissible as evidence where they otherwise would not be. And even where the public-safety exception applies, the substantive rights that Miranda protects don’t disappear: due process is in effect; any coerced statements remain inadmissible; and Tsarnaev may not be denied access to an attorney if he asks for one (though the federal circuit courts have held that questioning may continue for some period of time under the public-safety exception even after the request for counsel, and statements remain admissible).
…it is misleading to paint the decision not to Mirandize as trampling Tsarnaev’s constitutional rights as an American citizen.