What are Miranda Rights?

Miranda Rights are the rights that every United States Citizen has when they interact with authorities. These are constutional rights through the 5th Amendment. They are called Miranda Rights because they were established by the United States Supreme Court in Miranda v. Arizona. Wherein, the Court examined four different cases where the rights of U.S. citizens were violated. In that case, the rights were judicially established as an interpretation of case law, the common law.

Vega v. Tekoh (2022)

Today, the most recent Miranda Rights case to be interpreted was Vega v. Tekoh. Wherein, a U.S. Citizens Miranda rights were violated. Subsequently, the plaintiff in the matter attempted to sue civilly for the conduct of the authorities, including the prosecutor. The question presented was, Whether a plaintiff may sue a police officer under 42 U.S.C. § 1983 based on the improper admission of an “un-Mirandized” statement in a criminal prosecution. In other words, the police prosecutor used a statement made by the defendant in a trial when the defendant should have been read his Miranda Rights first. This case is acutally a prime example of how the system establishes liability to police officers while prosecutorial conduct goes blatantly ignored.

Disagreeable analysis

The Court held that to extend a right to sue civilly would extend a cumbersome burden on the court system. The correct remedy would be for the trial court to make the correct determination and not allow the statements in the trial. In hindsight, this may seem like what should happen but, I think it places too much deference in low level trial courts that may not fully understand Miranda.

The Future

Three justices dissented in this case. I have a tendency to agree with Kagan, Breyer (retired now) and Sotomayor. Fortunately, the dissent, historically has a way of later becoming the law. The dissent points out that as in the facts of Vega v. Tekoh, a trial court may not suppress the constitutionally violating statements. Then what happens if statements that were the source of coercion, or unconstitutional police or prosecutor action results in a wrongful conviction and a U.S. Citizen ends up spending time in prison. For, what is constituionally a protected right. Most will not comprehend this or will be dissociativly indifferent practicing cognitive dissonance and so forth. What remedy do the wrongfully convicted have for the extreme harm they have suffered? §1983 should cover this.

Miranda Rights Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a YoutubeInstagramFacebookTwitterLinkedInTumblr,  BloggerRedditYelp,  Avvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram