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 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.”
This makes no sense. The Miranda Rights are useless if the police don’t have to say them. And since they can’t be sued for not saying them, they in effect don’t have to say them any more. Why can’t anyone be sued if they violate someone’s rights?
This is moving backwards!! Police need to be held accountable on all levels just like everyone else!