Top Posts
The US Has Elite Troops But Are They...
Hong Kong suspends flight bans as it eases...
Boris Johnson to quit as UK prime minister
Russia warns humanity at risk if West seeks...
Insulting someone online could mean a year in...
Heads of MI5, FBI give joint warning of...
Cost-of-living crisis driving surge in extreme poverty, UNDP...
President Trump Truths Statement On Arizona Early Voting...
Netflix Star and Biden Surrogate Sentenced to 12...
BILL O’REILLY: Trump Is ‘Odds-On Favorite To Win’...
Major Gross Profit
  • World News
  • Politics
  • Investing
  • Stock
  • Editor’s Pick
Politics

Supreme Court Issues Ruling, Gutting Miranda Rights And Threatening The Fifth Amendment

by June 23, 2022
June 23, 2022

On Thursday, the Supreme Court issued a ruling in Vega V Tekoh, a case involving the administration of Miranda rights, with the court ruling that a suspect’s words or statements can be used in court regardless of their Miranda rights. 

For background, these are the facts of the case in question:

Terence Tekoh worked as a patient transporter in a hospital in Los Angeles. After a patient accused him of sexual assault, hospital staff reported the allegation to the Los Angeles Sheriff’s Department. Deputy Carlos Vega went to the hospital to ask Tekoh questions and take Tekoh’s statement. Although the parties described vastly different accounts of the nature of the interaction between Tekoh and Vega, it is undisputed that Vega did not advise Tekoh of his Miranda rights before questioning him or taking his statement.

Tekoh was arrested and charged in California state court, but a jury returned a verdict of not guilty. Following the acquittal on the criminal charge, Tekoh sued Vega, alleging that Vega violated Tekoh’s Fifth Amendment right against self-incrimination by taking his statement without first advising him of his Miranda rights.

Justice Samuel Alito issued his ruling, a count of 6-3, deciding that using such statements outside of Miranda rights is not a violation of a defendant’s rights and does not give them the right to sue the court for such use. 

If a police officer fails to give a suspect his Miranda warnings, and the gov’t uses the suspect’s un-Mirandized statements against him in court, can the suspect sue the officer for violating his Fifth Amendment right against self-incrimination? In a 6-3 ruling, SCOTUS says no.

— SCOTUSblog (@SCOTUSblog) June 23, 2022

Miranda prescribed a specific and protective set of warnings to ensure that criminally accused suspects were made aware of the Fifth Amendment’s decree that no person “shall be compelled in any criminal case to be a witness against himself.”  

Miranda is also one of the court’s most culturally famous decisions. Americans know Miranda. More accurately: Americans know their Miranda warnings. Even if they cannot recite the lyrics to the national anthem or the Pledge of Allegiance, they likely can recite Miranda’s warnings: 

  • You have the right to remain silent;
  • Anything you say can and will be used against you in a court of law;
  • You have the right to a lawyer;
  • If you cannot afford a lawyer, one will be appointed for you.

Generally, if the police obtain a suspect’s statement violating Miranda, the government cannot use that statement against the defendant in court. 

But can the defendant later sue the police for violating the defendant’s constitutional rights? 

The Supreme Court now says, No. 

The ruling brings into question the future of Miranda rights. Essentially Thursday’s ruling implies that any conversation, coerced or voluntary, taken in the absence of Miranda, can be used against a defendant in a court of law. 

Thursday’s ruling is a threat to the Fitfh Amendment, which states that “no person . . . shall be compelled in any criminal case to be a witness against himself.” It also “permits a person to refuse to testify against himself at a criminal trial in which he is a defendant” and “also ‘privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings.’”

Alito said in his ruling, “Miranda did not hold that a violation of the rules it established necessarily constitute a Fifth Amendment violation, and it is difficult to see how it could have held otherwise.”

In referring to Miranda, Alito said, “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.”

The Court’s decision states that a defendant cannot take recourse on any law enforcement official who chooses to use un-Mirandized statements in a court of law related to pending criminal cases. 

Miranda Rights downgraded to Miranda Suggestions https://t.co/vQB0GTEnBa

— Sam Biederman (@Biedersam) June 23, 2022

It appears that the power of Miranda, one of the Court’s most notable cases, is being eroded. 

The post Supreme Court Issues Ruling, Gutting Miranda Rights And Threatening The Fifth Amendment appeared first on The Gateway Pundit.

previous post
NFL Legend Brig Owens Has Died
next post
“Nothing Changes Today” – Lawless NYC Mayor Eric Adams Promises to Ignore Supreme Court Ruling on Concealed Gun Laws

related articles

The US Has Elite Troops But Are They...

July 7, 2022

Insulting someone online could mean a year in...

July 7, 2022

Russia warns humanity at risk if West seeks...

July 7, 2022

Boris Johnson to quit as UK prime minister

July 7, 2022

Hong Kong suspends flight bans as it eases...

July 7, 2022

Cost-of-living crisis driving surge in extreme poverty, UNDP...

July 7, 2022

Heads of MI5, FBI give joint warning of...

July 7, 2022

Netflix Star and Biden Surrogate Sentenced to 12...

July 7, 2022

President Trump Truths Statement On Arizona Early Voting...

July 7, 2022

Meme stock GameStop jumps on share split bandwagon

July 7, 2022
Join The Exclusive Subscription Today And Get Premium Articles For Free

Your information is secure and your privacy is protected. By opting in you agree to receive emails from us. Remember that you can opt-out any time, we hate spam too!

Recent Posts

  • The US Has Elite Troops But Are They Really What Ukraine Needs Right Now?
  • Hong Kong suspends flight bans as it eases COVID rules
  • Boris Johnson to quit as UK prime minister
  • Russia warns humanity at risk if West seeks to punish it over Ukraine
  • Insulting someone online could mean a year in jail in Japan

Editor’s Pick

Simple Trades Lead to Massive Gains

July 6, 2022

How To Go From Red To $100K In...

July 5, 2022

Why Having A Marathon Not A Sprint Mentality...

July 3, 2022

How This 24 Year Old Millionaire Trades Stocks...

June 30, 2022

Student Hits $10 Million Profit Milestone

June 30, 2022
Footer Logo
  • About Us
  • Contacts
  • Privacy Policy
  • Terms and Conditions
  • Email Whitelisting

Copyright © 2022 MajorGrossProfit.com All Rights Reserved.

Major Gross Profit
  • World News
  • Politics
  • Investing
  • Stock
  • Editor’s Pick