Marysville Appeal-Democrat

Supreme Court shields police from being sued for ignoring Miranda warnings

- Tribune News Service Los Angeles Times

The Supreme Court on Thursday shielded police from being sued by suspects for failing to provide well-known Miranda warnings.

Ruling in a Los Angeles case called Vega vs.

Tekoh, the justices by a

6-3 vote said that the only remedy for a Miranda violation is to block the use in court of a suspect’s incriminat­ing comments.

The court’s conservati­ve majority described the Miranda warnings as a set of guidelines that protect the right against self-incriminat­ion. As such, the warnings, including the “right to remain silent,” are not constituti­onal rights in themselves that could result in a separate action against the police.

But Miranda warnings remain intact. For a confession to be used in court, the suspect must be warned in advance that he has a right to remain silent and that anything he says may be used against him court, they said.

In dissent, the liberal justices said the ruling weakens the Miranda rights, and it may encourage the police to use pressure tactics against people they have taken into custody.

In past rulings, the court said that evidence revealed by a suspect may be used against him court, even if no Miranda warnings were given.

In one such case from 2004, a man refused to talk to police who came to his house, but he agreed to show them where his gun was hidden. The firearm was then used to convict him of the crime of being a felon in possession of a gun.

At times in recent decades, police officers in California have been trained to continue questionin­g people who are held in custody, even if they have invoked their right to remain silent. Sometimes, these people reveal crucial details about a crime or about their involvemen­t.

The case before the court began in 2014 when Los Angeles County Sheriff ’s Deputy Carlos Vega was called to Countyusc Medical Center to investigat­e a patient’s complaint that an orderly had sexually assaulted her. The officer said nurses told him that Terence Tekoh had transporte­d the heavily sedated patient to her room.

Vega said he took Tekoh to a private room to talk, and the orderly admitted he had “made a mistake” and agreed to write out a full confession.

Tekoh told a very different story. He described an hour-long confrontat­ion. He said the deputy closed the door and accused him of groping the patient and falsely claimed the abuse had been captured on video.

Tekoh said that he asked to speak with a lawyer but that the deputy refused, blocked him from leaving and dictated a confession that he was required to write out and sign.

Tekoh was charged with a sexual offense, and his confession was introduced as evidence at his trial. Even so, the superior court jury found him not guilty.

The orderly then sued Vega in federal court, accusing the deputy of violating his rights by not advising him of his rights and forcing him to confess to a crime.

A federal judge said Tekoh must prove the confession was coerced because the deputy’s failure to give the Miranda warnings alone did not violate his right against self-incriminat­ion. The civil jury ruled for officer Vega.

Lawyers for Tekoh appealed and cited a 2000 Supreme Court ruling by Chief Justice William H. Rehnquist that said the Miranda decision was a constituti­onal ruling that could not be overturned by Congress.

The U.S. 9th Circuit Court of Appeals agreed in a 3-0 decision. Judge Kim Mclane Wardlaw said Rehnquist’s opinion “made clear that the right of a criminal defendant against having an unmirandiz­ed statement introduced in the prosecutio­n’s case in chief is indeed a right secured by the Constituti­on.”

But the Supreme Court in January agreed to hear Vega’s appeal. He argued that while the Miranda decision was designed to protect the right against self-incriminat­ion, it does “not itself create a constituti­onal right.” Therefore, Vega and other police officers may not be sued for failing to give Miranda warnings, his lawyers said.

Charles Weisselber­g, a UC Berkeley law professor, said he fears the decision gives police an incentive to pressure people who refuse to talk.

“There will be no penalty for violating Miranda in this way,” he said. “There will be zero incentive for officers to cease questionin­g.”

 ?? Tribune News Service/getty Images ?? People walk past the U.S. Supreme Court Building during a rainstorm on June 23 in Washington, D.C.
Tribune News Service/getty Images People walk past the U.S. Supreme Court Building during a rainstorm on June 23 in Washington, D.C.

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