Paridhi Arya
Published on June 25, 2022 at 15:55 IST
The Supreme Court of United States had passed the judgment with majority of 6:3 that the police officer who did not follow the ruling of Miranda case will not be sued by the person aggrieved for damages.
In 1966 in case of Miranda v. Arizona Supreme Court held that any person who will be interrogated will be informed about his right to appoint attorney and if he cannot afford it then Court will appoint for him. This was the extension of Constitutional Right to remain silent and right of not incriminate themselves.
In the present case of Vega v. Tekoh the Supreme Court of US decided that violation Miranda rights do not make the officer criminally liable. This decision of Court is against the right provided in the Bill of Rights which makes public officer accountable
In April suit was filed in support of Tekoh as he was the Nursing Assistant in the hospital where the patient who is unable to move was raped. Carlos Vega, Deputy Country Sheriff of Los Angeles had taken Tekoh in a window less room and started questioning by showing the gun. Tekoh requested for attorney but he didn’t pay heed to his request.
Vaga had frightened him that he will be deported to his country and used racial slur against him. Tekoh gave the false letter of apology out of fear when he was taken to the Court for trial his apology was rejected and he was released
The Court observed that violation of Miranda rights in only a constitutional rule and not the violation of Constitutional right and so aggrieved are not liable to get any demages from public officer.
The dissenting judgment was passed by Justices Stephen Breyer, Sonia Sotomayor and Kagan who explained the consequences that will be seen after the judgment as judgment will reduce the officer obligation to explain Miranda rights. It has reduced the accountability on police.