Dancing the 'Two-Step' Abroad: Finding a Place for Clean Team Evidence in Article III Courts
Columbia Journal of Law and Social Problems
November 29, 2013
Columbia Journal of Law and Social Problems, Forthcoming
There is little case law that discusses whether the government can use statements elicited from “two-step” interviews abroad after the defendant has been Mirandized, or whether all such evidence should be suppressed. The interplay of international investigations and domestic prosecutions implicates wider policy issues — in particular, the FBI’s interview techniques, how and where to prosecute terrorism suspects, and international cooperation in terrorist investigations. This Note discusses the boundaries of the “two-step” interrogation practice as an evidentiary issue in Article III courts, using the investigation and prosecution of Mohamed Ibrahim Ahmed as a case study around which to frame the analysis. The Note first explores current “clean team” practices in extraterritorial investigations, then analyzes the current state of U.S. law as to “two-step” interrogations and the admissibility of evidence, and finally situates the “two-step” practice within existing doctrine in order to argue that the “clean team” tactic in extraterritorial terrorism investigations holds a particular place within the current state of Miranda jurisprudence.
Number of Pages in PDF File: 31
Keywords: terrorism investigations, terrorism prosecutions, terrorism, interrogation techniques, two-step interrogations, clean teams, Miranda, criminal law, criminal procedureworking papers series
Date posted: December 1, 2013
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