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Legal Roundtable: Marathon Bomber, Blood Alcohol Test, TIF, Etc.

The Old Courthouse in downtown St. Louis.
(Mike Matney)
The Old Courthouse in downtown St. Louis.

Legal questions surround the arrest of Dzhokhar Tsarnaev, the suspect in the Boston Marathon bombing who was captured on Friday.

What is the role of the public safety exception as it relates to Miranda rights? Were civil rights violated as a result of the lockdown?  Should Tsarnaev be tried as an enemy combatant as some Republican legislators have suggested?

The questions surrounding the surviving suspect of the Boston Marathon bombing were discussed by a panel of legal experts, as part of our monthly legal roundtable discussion.

The panelists included:

  • William Freivogel, J.D., Director, School of Journalism; Associate Professor, Paul Simon Public Policy Institute, Southern Illinois University – Carbondale
  • Mark Smith, J.D., Associate Vice Chancellor and Director, The Career Center, Washington University in St. Louis
  • Representative Rory Ellinger (D – University City), J.D., Founding Member, Ellinger & Associates, P.C.

Other topics included:

  • The U.S. Supreme Court recently sided with Tyler McNeely, a man from Cape Girardeau who was suspected of drunken driving but would not submit to a breath test.  McNeely was forced to submit to a blood test at a hospital.  The U.S. Supreme Court ruled that law enforcement must obtain a search warrant in such instances.
  • The potential revision of the Missouri criminal code.
  • The Missouri Supreme Court recently cleared the way for St. Louis developer Paul McKee to use millions of dollars of tax increment financing to redevelop two square miles of North St. Louis.
  • The St. Louis City Board of Aldermen has passed a marijuana law that will go into effect June 1st, making the penalty for marijuana possession a lesser offense.

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Alex is the executive producer of "St. Louis on the Air" at St. Louis Public Radio.
Mary Edwards is a producer for St. Louis Public Radio's broadcast program, "St. Louis Symphony."
Don Marsh served as host of St. Louis Public Radio’s “St. Louis on the Air" from 2005 to 2019, bringing discussions of significant topics to listeners' ears at noon Monday through Friday. Don has been an active journalist for 58 years in print, radio and television. He has won 12 Regional Emmy Awards for writing, reporting, and producing. He is the recipient of a Lifetime Achievement Award from the National Academy of Television Arts and Sciences, was inducted into the St. Louis Media Hall of Fame in 2013, and named “Media Person of the Year” by the St. Louis Press Club in 2015. He has published three books: his most recent, “Coming of Age, Liver Spots and All: A Humorous Look at the Wonders of Getting Old,” “Flash Frames: Journey of a Journeyman Journalist” and “How to be Rude (Politely).” He holds an honorary Doctor of Arts and Letters degree from the University of Missouri-St. Louis.