We receive new Supreme Court decisions every week here lately.  Everyone is anticipating one in particular, but the Supreme Court receives many cases and has many decisions to make. Our constitutional freedoms are in jeopardy as a result of a recent decision that was made public this week.

The Supreme Court concluded in the case of Vega v. Tekoh that a suspect’s words or statements may be used against them in a court of law regardless of whether or not they were ever read to the suspect.

These are the case’s relevant facts as background:

Terrence Tekoh, who worked as a patient transporter 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 transpired, 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.”

Daniel

Daniel is a conservative syndicated opinion writer and amateur theologian. He writes about topics of politics, culture, freedom, and faith.

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  • This is a completely misleading headline. The ruling doesn’t negate Miranda rights, it just says that violating them doesn’t give you a right to sue. The violation still makes the statement inadmissible. Tekoh was neither convicted nor punished.

    • Correct, unfortunately, many will assume that that’s the case.I believe the main issue is they cannot sue
      .

  • Good for Alito. Unless someone was somehow compelling the pre-Miranda statement, no violation of the 5th A did occur.

  • Unless the officer LIED, withheld information, or questioned Tekoh directing, implying, or ordering an answer or explanation; then Miranda warning isn’t applicable as a grounds for suit. Another comment indicated Tekoh was not tried or punished, beyond being arrested/detained. So police would be liable to make amends for those “damages”.
    Headline IS very inaccurate-misleading. Clears up a fine line, & likely very common misconception surrounding 5th Amendment, Miranda Warnings of various constructs, & law enforcement requirements to follow lawful processes in obtaining official statements, binding answers, & how far ‘out of line’ judges should be restricting law enforcement, as government representatives, from railroading citizens into fitting their ‘narrative’ to prosecute ‘someone’ for every incident they feel worthy of pursuing.

  • So if one were to simplify this, Police no longer need to read you your Miranda rights at time of arrest. Likewise, the 5th A still stands and now becomes your primary means of self defense at time of arrest or thereafter! Police cannot compel you to answer any of their questions at anytime before your arrest, after or during any attempts to interrogate you! Demand your lawyer immediately and do not answer any questions!

  • The best thing for the officer to do is once you arrest the suspect ask no questions. They like to talk and just let them. Whatever they say can be used in court against them. Most of the idiots like to talk so let them just ask no questions and everything they say can be used in court. If you need to question them, make sure you advise them of the Maranda warnings.

  • Yes yes yes to many get away with using that we all know to shut up till you get a lawyer, so if your feeling guilty for what you did and say to an officer good you get what you deserve, no excuses for telling the truth good for your soul

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