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SCOTUS rules out suing police for Miranda violations

Supreme Court building
Posted at 12:30 PM, Jun 23, 2022

The U.S. Supreme Court ruled Thursday that suspects cannot sue a police officer for damages if they are not warned about their right to remain silent before being questioned.

In a 6-3 vote, the Justices sided with a sheriff’s deputy that a Los Angeles hospital worker sued for failing to read a Miranda warning after being accused of sexually assaulting a patient, the Associated Press reported.

The court ruled that although Miranda rights protect constitutional rights, the warning itself is not a right that could be brought about in a civil lawsuit, CNN reported.

In his majority opinion, Justice Samuel Alito stated that “a violation of Miranda is not itself a violation of the Fifth Amendment,” nor do “we see no justification for expanding Miranda to confer a right to sue"  under Section 1983.

Those for it, including Justice Elena Kagan, wrote that the decision “prevents individuals from obtaining any redress when police violate their rights under Miranda.”