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Thu Jun 23, 2022, 12:10 PM

Supreme Court limits ability to enforce Miranda rights

Source: CNN

Supreme Court limits ability to enforce Miranda rights

By Tierney Sneed and Ariane de Vogue, CNN

Updated 10:59 AM ET, Thu June 23, 2022

(CNN) -- The Supreme Court limited the ability to enforce Miranda rights in a ruling Thursday that said that suspects who are not warned about their right to remain silent cannot sue a police officer for damages under federal civil rights law even if the evidence was ultimately used against them in their criminal trial.

The court's ruling will cut back on an individual's protections against self-incrimination by barring the potential to obtain damages. It also means that the failure to administer the warning will not expose a law enforcement officer to potential damages in a civil lawsuit. It will not impact, however, the exclusion of such evidence at a criminal trial. ... The court clarified that while the Miranda warning protects a constitutional right, the warning itself is not a right that would trigger the ability to bring a civil lawsuit.

"Today's ruling doesn't get rid of the Miranda right," said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. "But it does make it far harder to enforce. Under this ruling, the only remedy for a violation of Miranda is to suppress statements obtained from a suspect who's not properly advised of his right to remain silent. But if the case never goes to trial, or if the government never seeks to use the statement, or if the statement is admitted notwithstanding the Miranda violation, there's no remedy at all for the government's misconduct."

Justice Samuel Alito, joined by the five other Republican-appointed justices, said that a violation of the Miranda right "is not itself a violation of the Fifth Amendment," and that "we see no justification for expanding Miranda to confer a right to sue," under the relevant statute. ... Justice Elena Kagan, joined by the other liberal justices, said that the court's ruling was stripping "individuals of the ability to seek a remedy for violations of the right recognized in Miranda." ... "The majority here, as elsewhere, injures the right by denying the remedy," she added.

{snip}

Read more: https://www.cnn.com/2022/06/23/politics/supreme-court-miranda-rights/index.html



Hat tip, Joe.My.God.

SCOTUS Rules To Protect Cops From Miranda Violations
June 23, 2022

https://www.joemygod.com/2022/06/scotus-rules-to-protect-cops-from-miranda-violations/

-- -- -- -- -- --

Vega v. Tekoh

https://www.democraticunderground.com/100216831522#post6

Here's the link, Vega v. Tekoh: https://www.supremecourt.gov/opinions/21pdf/21-499_gfbh.pdf

It is by Justice Alito, and the vote is 6-3.

Kagan dissents, joined by Breyer and Sotomayor.

Can two opinions by the same justice be issued in one day?

I get the seniority think but can two opinions written by the same justice be released on the same day?

That is only Alito's 4th opinion of the term. Safe to say he has at least 2 more to release, including Dobbs if he kept it and there was no switch.

Justices can issue more than one opinion per day. But I believe that if Alito were to issue Dobbs today, it would come first because it has the lower case number. Vega is No. 21-499. Dobbs is No. 19-1392.

11 replies, 2630 views

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Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 11 replies Author Time Post
Reply Supreme Court limits ability to enforce Miranda rights (Original post)
mahatmakanejeeves Thursday OP
pandr32 Thursday #1
Voltaire2 Thursday #2
Haggis 4 Breakfast Thursday #10
ybbor Thursday #11
50 Shades Of Blue Thursday #3
efhmc Thursday #4
durablend Thursday #6
DownriverDem Thursday #5
durablend Thursday #7
Javaman Thursday #8
Martin68 Thursday #9

Response to mahatmakanejeeves (Original post)

Thu Jun 23, 2022, 12:14 PM

1. Holy sh*t!

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Response to mahatmakanejeeves (Original post)

Thu Jun 23, 2022, 12:15 PM

2. Fuck this court.

Never talk to the police. Never.

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Response to Voltaire2 (Reply #2)

Thu Jun 23, 2022, 07:07 PM

10. In addition to your post,


You have the right to refuse to talk to police. When an officer asks you, "Can I speak to you ?" You have the right to say "No." BUT, once you have done this -- and this is important -- stay silent.

They can ask you for ID, but you have the right to know why. Then ask if you are being detained. If they say "No," then you can walk away. Be respectful and non-threatening.

KNOW YOUR RIGHTS.

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Response to Voltaire2 (Reply #2)

Thu Jun 23, 2022, 07:45 PM

11. This has been shared many times

Seems especially apropos today

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Response to mahatmakanejeeves (Original post)

Thu Jun 23, 2022, 12:16 PM

3. Soon, only guns will have rights.

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Response to mahatmakanejeeves (Original post)

Thu Jun 23, 2022, 12:21 PM

4. Police Officer, "Going to read you your rights now. They mean nothing so you might want

to keep your mouth shut."

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Response to efhmc (Reply #4)

Thu Jun 23, 2022, 12:36 PM

6. "But if you DO keep your mouth shut..."

"I can shoot you because I felt threatened. SCOTUS said so."

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Response to mahatmakanejeeves (Original post)

Thu Jun 23, 2022, 12:24 PM

5. The voters of the 2016 election

must be very happy.

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Response to DownriverDem (Reply #5)

Thu Jun 23, 2022, 12:37 PM

7. Pleased as punch

"Ain't gunna affect me! Only 'those people' "

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Response to mahatmakanejeeves (Original post)

Thu Jun 23, 2022, 12:47 PM

8. know your rights...these are your rights...

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Response to mahatmakanejeeves (Original post)

Thu Jun 23, 2022, 03:24 PM

9. And so it begins. the rollback of every constitutional precept that isn't conservative enough for

conservatives.

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