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His emotional state to me is more important than whether he's miles an ho mirandaized in this situation. >> we're past the emergency exception that officers would be able to use of invoking miranda. if there's potential threat officers can question without worrying about that. we saw with the new york bomber that same situation where you had highly skilled officers asking him with that exception. we might be past that right now but at some point -- and tom can speak to this as well -- he will have to be presented in court. we're kind of in that portion of the investigation now where you want t...

Dot his i's that information was gathered on foreigners for terrorism and there is no constitutional protection for them overseas. but donald trump should get those protections or anybody else. brian: killer who has had contact overseas he becomes a killer in one day. we have him in prison. do you want to know who he talked to. >> yes. and i have no problem with that and everything i have ever proposed has an emergency exception in it that if you think something is ongoing or active. same way with warrants. if i come to your house, and the lights are off and it's quiet, i can't come in without...

Idea dia -- >> kennedy: i heard he changed his wiki page to make him three years younger. >> melissa: this is someone truly terrifying. so little impact, and he really just does whatever he wants. it is a terrifying situation. >> harris: i want to get to nikki haley in the statement that she made on north korea. there is no point in having emergency exception if it produces nothing of consequence. north korea is subject to numerous council resolutions that they violate with impunity. at the time for talk is over. the danger the north korean regime hoses is now clear to all. not to put too fine...

Court said that still applies. so if you say let's say they thought there was a missing bomb and they thought you were texting about the whereabouts, they would still have that emergency exception. what they don't have and what this opinion really put a stop to was trying to turn that loophole into a broad policy of taking anyone's phone during an arrest and saying oh, we get to search that incident to arrest almost automatically. again, you think that through and you say wait, maybe you did something wrong. no, you're not guilty of anything. you haven't seen a lawyer yet. the idea that on fir...

Seize that and examine that. >> that's right. if it's a real emergency, the court said that still applies. so if you say let's say they thought there was a missing bomb and they thought you were texting about the whereabouts, they would still have that emergency exception. what they don't have and what this opinion really put a stop to was trying to turn that loophole into a broad policy of taking anyone's phone during an arrest and saying oh, we get to search that incident to arrest almost automatically. again, you think that through and you say wait, maybe you did something wrong. no, you're...