• Home
  • About
    • Authors
  • Articles
    • Archives
    • Chaplain
    • Crime & Controversy
    • Community
    • Cop Humor
    • Editorial
    • Op-ed
    • Gear & Technology
    • Investigations
    • Laws & Legal
    • Leadership
    • News
    • Officer Down
    • On Duty
    • Tactics
  • Network
    • Illinois Network
    • Minneapolis Network
    • Tulsa Network
    • Wauwatosa Network
    • Learn more
  • Training
  • Jobs
  • Contact
No Result
View All Result
Law Officer
Law Officer
No Result
View All Result

SCOTUS rules that police cannot be sued for Miranda violations

US Supreme Court

U.S. Supreme Court (Wikipedia Commons)

June 23, 2022
Law OfficerbyLaw Officer
Share and speak up for justice, law & order...

WASHINGTON – The U.S. Supreme court ruled Thursday that “Miranda rights” are not actually rights, but merely a method to avoid rights violations.

Hence, individuals who have not been given a Miranda advisement cannot sue law enforcement authorities under the federal civil rights statute, Law&Crime reported.

The Miranda advisement, which includes telling a suspect during a custodial setting they have a right to remain silent, derives from the landmark 1966 Supreme Court case Miranda v. Arizona.

However, in the case before the high court in 2022, Vega v. Tekoh, the justices ruled 6-3 Thursday that “Miranda rights” are not really “rights” at all. Rather, the justices held that the Miranda rule is merely a “prophylactic” means to avoiding rights violations. As a result, the victims of Miranda violations cannot sue their offenders under the federal civil rights statute.

“Miranda itself was clear on this point. Miranda did not hold that a violation of the rules it established necessarily constitute a Fifth Amendment violation, and it is difficult to see how it could have held otherwise,” Justice Samuel Alito wrote in the Court’s opinion, in which he extensively referenced the Miranda decision, Fox News reported.

“Instead, it claimed only that those rules were needed to safeguard that right during custodial interrogation,” he later added.

Various state and federal courts of jurisdiction will continue to rule on the admissibility of incriminating statements gained with or without the Miranda advisement. The Supreme Court was simply ruling that law enforcement personnel could not be sued for failing to be the conduit of information. This should not change how police apply Miranda, it should simply keep them out of civil court.

Justice Elena Kagan, in a dissenting opinion in which she was joined by Justices Stephen Breyer and Sonia Sotomayor, argued that Miranda did establish a constitutional rule that conferred a right, and that therefore failing to provide Miranda warnings violates that right.


Share and speak up for justice, law & order...
Tags: mirandamust-readSCOTUSU.S. Supreme Court
Law Officer

Law Officer

Law Officer is the only major law enforcement publication and website owned and operated by law enforcement—for law enforcement and supporters of justice, law, and order. This unique facet makes Law Officer much more than just a publishing company, but a true advocate for the law enforcement profession.

Related Posts

Vermont State Police

Troopers threatened with excavator while making arrest

June 25, 2022
terror attacks

DHS warns of potential terror attacks for weeks due to Roe v. Wade ruling

June 25, 2022
Jeremiah Story

Arkansas detention officer shot and killed by suspect who retained gun while getting booked into jail

June 24, 2022
open carry

U.S. Supreme Court overturns New York law restricting the carrying of concealed firearms

June 23, 2022
Ruben Ruiz

Police officer husband of murdered Uvalde school teacher was detained, disarmed trying to rescue wife

June 23, 2022
Pete Arredondo

Uvalde School District Police Chief Pete Arredondo placed on administrative leave

June 23, 2022
Load More

Latest Articles

Vermont State Police

Troopers threatened with excavator while making arrest

June 25, 2022
terror attacks

DHS warns of potential terror attacks for weeks due to Roe v. Wade ruling

June 25, 2022
K9 Exo

Mississippi police K9 shot and killed by fleeing suspect

June 24, 2022
Michael green

Man who flees New York after conviction for attempted murder kills himself in Orlando

June 24, 2022
murder suspect

Minor traffic stop leads to arrest of murder suspect

June 24, 2022
Mother arrested

Mother arrested after police find 3-year-old boy dead in freezer

June 24, 2022
Load More

Weekly E-Newsletter

Subscribe—and get the latest news and editorials direct from Law Officer each week!

[newsletter_form type="minimal"]

MUST READ

Vermont State Police

Troopers threatened with excavator while making arrest

June 25, 2022
Jeremiah Story

Arkansas detention officer shot and killed by suspect who retained gun while getting booked into jail

June 24, 2022
US Supreme Court

SCOTUS rules that police cannot be sued for Miranda violations

June 23, 2022
open carry

U.S. Supreme Court overturns New York law restricting the carrying of concealed firearms

June 23, 2022
Ruben Ruiz

Police officer husband of murdered Uvalde school teacher was detained, disarmed trying to rescue wife

June 23, 2022
Load More

JOIN THE FIGHT

SAFEGUARD RECRUITING

Police Officers Needed – Entry level and lateral applicants wanted!

February 14, 2022

Deputy Sheriff

February 3, 2022

Dispatcher

January 25, 2022

Deputy Sheriff (POST Certified)

January 25, 2022

BE COURAGEOUS

FIND MORE…

Law Officer

© 2021 LawOfficer.com

LawOfficer.com

  • Home
  • About
  • Advertise
  • Privacy Policy
  • Corrections
  • Contact

Speak up for justice, law & order

No Result
View All Result
  • Home
  • About
    • Authors
  • Articles
    • Archives
    • Chaplain
    • Crime & Controversy
    • Community
    • Cop Humor
    • Editorial
    • Op-ed
    • Gear & Technology
    • Investigations
    • Laws & Legal
    • Leadership
    • News
    • Officer Down
    • On Duty
    • Tactics
  • Network
    • Illinois Network
    • Minneapolis Network
    • Tulsa Network
    • Wauwatosa Network
    • Learn more
  • Training
  • Jobs
  • Contact

© 2021 LawOfficer.com