Tag: Miranda Rights

“The Supreme Court ruled..that if a police officer fails to inform you of your right to remain silent and avoid self-incrimination when you’re suspected of a crime, you can’t sue under federal law as a violation of your civil rights.

To be clear, the Court isn’t overturning Miranda v. Arizona, the 1966 Supreme Court ruling that determined that it’s a violation of a suspect’s Fifth Amendment rights for police to interrogate him or her about a crime without informing them they have the right to remain silent and the right to request an attorney. But what the Court ruled today is that if and when this right is violated, people can’t turn to Section 1983 of the U.S. code and file a civil action lawsuit against the police officer or law enforcement agency and seek redress or damages.”

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“Essentially, Alito’s opinion says that the purpose of Miranda is to serve as a safeguard against compelled self-incrimination by police or prosecutors. It was not intended to establish that it was inherently a Fifth Amendment violation if somebody voluntarily confesses or self-incriminates himself or herself prior to or absent of a Miranda warning.”

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“Alito concludes that because a violation of Miranda is not automatically a violation of the Fifth Amendment, there is no justification to permit a civil rights lawsuit. The opinion reverses a judgment in Tekoh’s favor and remands it back to the lower courts to revisit.

The dissent is written by Justice Elena Kagan and joined by Justices Stephen Breyer and Sonia Sotomayor. Kagan observes the obvious in her dissent, that this ruling will make it harder for defendants to pursue legal remedies when their rights are violated”

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“the Supreme Court recognizes that these constitutional rights exist, but by shielding officers from liability for violating these rights, the Court undermines the necessary tools to make sure police take them seriously.”