Can you sue the police for Miranda violations?

Vindicated, Tekoh sued Vega, Vega’s supervisor, the Los Angeles Sheriff’s Department, and the County of Los Angeles for damages under Section 1983, claiming that Vega’s failure to issue Miranda warnings violated Tekoh’s Fifth Amendment right against self-incrimination. In the federal district court, Tekoh sought but was denied a jury instruction that if the jury found by a preponderance of the evidence that Vega obtained Tekoh’s confession in violation of Miranda, then the jury should find Vega liable under Section 1983.

 

Can you sue the police for Miranda violations? Court will wrestle with rules, rights, and remedies for wrongs.

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