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House Committee on the JudiciaryCrime, Terrorism, Homeland Security, and InvestigationsThe Constitution and Civil JusticeIntroducedJuly 29th, 2010
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Questioning of Terrorism Suspects Act of 2010
To declare the sense of Congress that the public safety exception to the constitutional requirement for what are commonly called Miranda warnings allows for unwarned interrogation of terrorism suspects, and to amend section 3501 of title 18, United States Code, to assure the admissibility of certain confessions made by terrorism suspects, and for other purposes.
Questioning of Terrorism Suspects Act of 2010 - Expresses the sense of Congress that: (1) the public safety exception to the constitutional requirements known as the Miranda warnings allows unwarned interrogation of terrorism suspects for as long as is necessary to protect the public from pending or planned attacks when a significant purpose of the interrogation is to gather intelligence and not solely to elicit testimonial evidence; and (2) a confession given during overseas questioning of a terrorism suspect in foreign custody shall not be rendered inadmissible for failure to provide Miranda warnings, if such confession was voluntarily given and reliable. Amends the federal criminal code to provide that in the case of an individual who is a terrorism suspect, upon ex parte application made by the government within 6 hours immediately following the person's arrest or other detention, such individual may be taken before a magistrate not later than 48 hours after arrest or other detention and any confession made within those 48 hours shall not be considered inadmissible solely because the individual was not presented to a magistrate earlier. Requires the government's application to contain a certification by the Attorney General or the Deputy Attorney General and by the Director of National Intelligence or the Principal Deputy Director of National Intelligence that the individual with respect to whom the application is made is a terrorism suspect and that such individual may be able to provide intelligence necessary to protect the public safety.