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Supreme Court Issues Ruling, Gutting Miranda Rights and Threatening the Fifth Amendment
Nov 25, 2022 18:39:20   #
Ginny_Dandy Loc: Pacific Northwest
 
https://freedomheadlines.com/freedom-wire/supreme-court-issues-ruling-gutting-miranda-rights-and-threatening-the-fifth-amendment/

Week by week we get new rulings from the Supreme Court. Everyone is waiting for one in specific, but the Supreme Court gets a lot cases and has to make a lot of rulings. One recent ruling that was released this week is a threat to our Constitutional freedoms.

In the case of Vega v. Tekoh, which involved the administration of Miranda rights, the Supreme Court decided that a suspect’s words or comments might be used in court regardless of Miranda rights.

These are the case’s relevant facts as background:

Terrence Tekoh, who worked as a patient t***sporter in a hospital was accused of sexual assault by a patient and hospital staff alerted the Los Angeles Sheriff’s Department of the matter. Later, Deputy Carlos Vega went to the hospital to question Tekoh about the incident. Both of them have differing opinions on what t***spired, but what is indisputable is that Vega never read Tekoh his Miranda rights when he was arrested.

Tekoh was ultimately found not guilty and in turn sued Vega for violating his Fifth Amendment right against self-incrimination by taking his statement before advising him of his Miranda rights.


So, the gist of it is this: If a police officer arrests you and fails to give you your Miranda rights and they then turn around and use those statements that you said against you in a court of law, you can’t sue the police officer for violating your Fifth Amendment.

Alito said in his ruling, “Miranda did not hold that a violation of the rules it established necessarily constitutes a Fifth Amendment violation, and it is difficult to see how it could have held otherwise. At no point in the opinion did the Court state that a violation of its new rules constituted a violation of the Fifth Amendment right against compelled self-incrimination.”

He went on to clarify that “Miranda Court stated quite clearly that the Constitution did not itself require “adherence to any particular solution for the inherent compulsions of the interrogation process” and that its decision “in no way create[d] a constitutional straitjacket.”

Ultimately, Alito ruled, “Because a violation of Miranda is not itself a violation of the Fifth Amendment,” there is “no justification for expanding Miranda to confer a right to sue.” So this means you can comply with a police officers' orders, just don't respond to any of his questions?

Reply
Nov 25, 2022 18:54:22   #
AuntiE Loc: 45th Least Free State
 
Ginny_Dandy wrote:
https://freedomheadlines.com/freedom-wire/supreme-court-issues-ruling-gutting-miranda-rights-and-threatening-the-fifth-amendment/

Week by week we get new rulings from the Supreme Court. Everyone is waiting for one in specific, but the Supreme Court gets a lot cases and has to make a lot of rulings. One recent ruling that was released this week is a threat to our Constitutional freedoms.

In the case of Vega v. Tekoh, which involved the administration of Miranda rights, the Supreme Court decided that a suspect’s words or comments might be used in court regardless of Miranda rights.

These are the case’s relevant facts as background:

Terrence Tekoh, who worked as a patient t***sporter in a hospital was accused of sexual assault by a patient and hospital staff alerted the Los Angeles Sheriff’s Department of the matter. Later, Deputy Carlos Vega went to the hospital to question Tekoh about the incident. Both of them have differing opinions on what t***spired, but what is indisputable is that Vega never read Tekoh his Miranda rights when he was arrested.

Tekoh was ultimately found not guilty and in turn sued Vega for violating his Fifth Amendment right against self-incrimination by taking his statement before advising him of his Miranda rights.


So, the gist of it is this: If a police officer arrests you and fails to give you your Miranda rights and they then turn around and use those statements that you said against you in a court of law, you can’t sue the police officer for violating your Fifth Amendment.

Alito said in his ruling, “Miranda did not hold that a violation of the rules it established necessarily constitutes a Fifth Amendment violation, and it is difficult to see how it could have held otherwise. At no point in the opinion did the Court state that a violation of its new rules constituted a violation of the Fifth Amendment right against compelled self-incrimination.”

He went on to clarify that “Miranda Court stated quite clearly that the Constitution did not itself require “adherence to any particular solution for the inherent compulsions of the interrogation process” and that its decision “in no way create[d] a constitutional straitjacket.”

Ultimately, Alito ruled, “Because a violation of Miranda is not itself a violation of the Fifth Amendment,” there is “no justification for expanding Miranda to confer a right to sue.” So this means you can comply with a police officers' orders, just don't respond to any of his questions?
https://freedomheadlines.com/freedom-wire/supreme-... (show quote)


NEVER judge a SCOTUS decision through a press article!! You can read the whole decision on the SCOTUS website.

Reply
Nov 25, 2022 19:34:58   #
Blade_Runner Loc: DARK SIDE OF THE MOON
 
Ginny_Dandy wrote:
https://freedomheadlines.com/freedom-wire/supreme-court-issues-ruling-gutting-miranda-rights-and-threatening-the-fifth-amendment/

Week by week we get new rulings from the Supreme Court. Everyone is waiting for one in specific, but the Supreme Court gets a lot cases and has to make a lot of rulings. One recent ruling that was released this week is a threat to our Constitutional freedoms.

In the case of Vega v. Tekoh, which involved the administration of Miranda rights, the Supreme Court decided that a suspect’s words or comments might be used in court regardless of Miranda rights.

These are the case’s relevant facts as background:

Terrence Tekoh, who worked as a patient t***sporter in a hospital was accused of sexual assault by a patient and hospital staff alerted the Los Angeles Sheriff’s Department of the matter. Later, Deputy Carlos Vega went to the hospital to question Tekoh about the incident. Both of them have differing opinions on what t***spired, but what is indisputable is that Vega never read Tekoh his Miranda rights when he was arrested.

Tekoh was ultimately found not guilty and in turn sued Vega for violating his Fifth Amendment right against self-incrimination by taking his statement before advising him of his Miranda rights.


So, the gist of it is this: If a police officer arrests you and fails to give you your Miranda rights and they then turn around and use those statements that you said against you in a court of law, you can’t sue the police officer for violating your Fifth Amendment.

Alito said in his ruling, “Miranda did not hold that a violation of the rules it established necessarily constitutes a Fifth Amendment violation, and it is difficult to see how it could have held otherwise. At no point in the opinion did the Court state that a violation of its new rules constituted a violation of the Fifth Amendment right against compelled self-incrimination.”

He went on to clarify that “Miranda Court stated quite clearly that the Constitution did not itself require “adherence to any particular solution for the inherent compulsions of the interrogation process” and that its decision “in no way create[d] a constitutional straitjacket.”

Ultimately, Alito ruled, “Because a violation of Miranda is not itself a violation of the Fifth Amendment,” there is “no justification for expanding Miranda to confer a right to sue.” So this means you can comply with a police officers' orders, just don't respond to any of his questions?
https://freedomheadlines.com/freedom-wire/supreme-... (show quote)


The Supreme Court Shields Police Officers From Lawsuits Over Miranda Rights Violations
On June 23rd, the Supreme Court responded to whether a defendant can sue an officer for violating the Miranda right. The Supreme Court ruled that officers who fail to give criminal suspects Miranda warnings before questioning are immune to a lawsuit for their omissions.

The justices ruled 6-3 in support of the Deputy Sheriff, who failed to read a Miranda warning to nursing assistant Terence Tekoh. In his majority opinion, Justice Samuel Alito stated that a violation of Miranda does not constitute a violation of the Fifth Amendment.

Furthermore, he stated that the majority sees no reason to expand Miranda to permit a right to sue under Section 1983 of the federal law. In essence, the justices decided that receiving Miranda warnings is not a constitutionally protected right but a set of rules established to protect the Fifth Amendment. Therefore the court classification means that a violation of Miranda warnings is not grounds for filing a lawsuit under Section 1983.

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Nov 25, 2022 20:13:04   #
manning5 Loc: Richmond, VA
 
Blade_Runner wrote:
The Supreme Court Shields Police Officers From Lawsuits Over Miranda Rights Violations
On June 23rd, the Supreme Court responded to whether a defendant can sue an officer for violating the Miranda right. The Supreme Court ruled that officers who fail to give criminal suspects Miranda warnings before questioning are immune to a lawsuit for their omissions.

The justices ruled 6-3 in support of the Deputy Sheriff, who failed to read a Miranda warning to nursing assistant Terence Tekoh. In his majority opinion, Justice Samuel Alito stated that a violation of Miranda does not constitute a violation of the Fifth Amendment.

Furthermore, he stated that the majority sees no reason to expand Miranda to permit a right to sue under Section 1983 of the federal law. In essence, the justices decided that receiving Miranda warnings is not a constitutionally protected right but a set of rules established to protect the Fifth Amendment. Therefore the court classification means that a violation of Miranda warnings is not grounds for filing a lawsuit under Section 1983.
url=https://lawandcrime.com/sponsored/the-supreme... (show quote)


======================

So Meranda itself remains intact. The Rights must be given by the rule of the game.

Reply
Nov 25, 2022 20:35:14   #
Ginny_Dandy Loc: Pacific Northwest
 
AuntiE wrote:
NEVER judge a SCOTUS decision through a press article!! You can read the whole decision on the SCOTUS website.


I think in this case, the article was pretty accurate.

Reply
Nov 26, 2022 08:46:42   #
Weswill
 
Ginny_Dandy wrote:
https://freedomheadlines.com/freedom-wire/supreme-court-issues-ruling-gutting-miranda-rights-and-threatening-the-fifth-amendment/

Week by week we get new rulings from the Supreme Court. Everyone is waiting for one in specific, but the Supreme Court gets a lot cases and has to make a lot of rulings. One recent ruling that was released this week is a threat to our Constitutional freedoms.

In the case of Vega v. Tekoh, which involved the administration of Miranda rights, the Supreme Court decided that a suspect’s words or comments might be used in court regardless of Miranda rights.

These are the case’s relevant facts as background:

Terrence Tekoh, who worked as a patient t***sporter in a hospital was accused of sexual assault by a patient and hospital staff alerted the Los Angeles Sheriff’s Department of the matter. Later, Deputy Carlos Vega went to the hospital to question Tekoh about the incident. Both of them have differing opinions on what t***spired, but what is indisputable is that Vega never read Tekoh his Miranda rights when he was arrested.

Tekoh was ultimately found not guilty and in turn sued Vega for violating his Fifth Amendment right against self-incrimination by taking his statement before advising him of his Miranda rights.


So, the gist of it is this: If a police officer arrests you and fails to give you your Miranda rights and they then turn around and use those statements that you said against you in a court of law, you can’t sue the police officer for violating your Fifth Amendment.

Alito said in his ruling, “Miranda did not hold that a violation of the rules it established necessarily constitutes a Fifth Amendment violation, and it is difficult to see how it could have held otherwise. At no point in the opinion did the Court state that a violation of its new rules constituted a violation of the Fifth Amendment right against compelled self-incrimination.”

He went on to clarify that “Miranda Court stated quite clearly that the Constitution did not itself require “adherence to any particular solution for the inherent compulsions of the interrogation process” and that its decision “in no way create[d] a constitutional straitjacket.”

Ultimately, Alito ruled, “Because a violation of Miranda is not itself a violation of the Fifth Amendment,” there is “no justification for expanding Miranda to confer a right to sue.” So this means you can comply with a police officers' orders, just don't respond to any of his questions?
https://freedomheadlines.com/freedom-wire/supreme-... (show quote)


It has always been my belief that Miranda rights are not required to be given to a person unless that person is inder arrest. If the police are just questioning a person to get information that he might have , that would be fine not to issue the Mirand rights. Unless this man requested a lawyer or was put under arrest , the police can question him and use that in ant prosecution. I do not know what good it would do to sue the officer who just was questioning a person and the person was not under arrest and had not requested a lawyer. If any information was gathered before a person was arrested or had requested a lawyer it can be used in the court case. Of course any person has the right to refuse to answer questions from police at any time. But that refusal could get them arrested in some cases. And then the Miranda rights must be administered. So this actually in my opinion did not change anything about Miranda rights.

Reply
Nov 26, 2022 23:46:22   #
Ginny_Dandy Loc: Pacific Northwest
 
Weswill wrote:
It has always been my belief that Miranda rights are not required to be given to a person unless that person is inder arrest. If the police are just questioning a person to get information that he might have , that would be fine not to issue the Mirand rights. Unless this man requested a lawyer or was put under arrest , the police can question him and use that in ant prosecution. I do not know what good it would do to sue the officer who just was questioning a person and the person was not under arrest and had not requested a lawyer. If any information was gathered before a person was arrested or had requested a lawyer it can be used in the court case. Of course any person has the right to refuse to answer questions from police at any time. But that refusal could get them arrested in some cases. And then the Miranda rights must be administered. So this actually in my opinion did not change anything about Miranda rights.
It has always been my belief that Miranda rights a... (show quote)


Personally, I would refuse to answer questions by the police or the media - unless I was a witness to an accident. But even then, I would stick with the facts and not make suppositions.

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