The Bakersfield Californian

Supreme Court rules out suing police for Miranda violations

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WASHINGTON — The Supreme Court on Thursday ruled that law enforcemen­t officers can’t be sued when they violate the rights of criminal suspects by failing to provide the familiar Miranda warning before questionin­g them.

The justices ruled 6-3 in favor of a sheriff’s deputy who was sued after he failed to read a Miranda warning — “You have the right to remain silent,” it begins — to a Los Angeles hospital worker accused of sexually assaulting a patient.

The issue in the case was whether the warning given to criminal suspects before they talk to authoritie­s, which the court recognized in its Miranda v. Arizona decision in 1966 and reaffirmed 34 years later, is a constituti­onal right or something less important and less defined.

Justice Samuel Alito wrote in his majority opinion that “a violation of Miranda is not itself a violation of the Fifth Amendment” and “we see no justificat­ion for expanding Miranda to confer a right to sue” under the federal law known as Section 1983. The law allows people to sue police officers and other government­al workers for violations of constituti­onal rights.

In dissent for the court’s three liberals, Justice Elena Kagan wrote that the decision “prevents individual­s from obtaining any redress when police violate their rights under Miranda.”

The case began when a woman who suffered a stroke said she was assaulted at a Los Angeles hospital and identified hospital worker Terrence Tekoh as her attacker. Los Angeles County Sheriff’s Deputy Carlos Vega talked to Tekoh, who signed a statement confessing to the assault.

Both sides agree that Vega did not read Tekoh his rights before their conversati­on at the hospital. But they disagree about whether Tekoh was coerced into confessing.

A jury acquitted Tekoh of criminal charges.

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