Recently, the United States Supreme Court released a decision, Vega v. Tekoh, which ended recovery for violations of your Miranda Rights. While the decision does not reduce your Miranda Rights, it prevents you from holding officers accountable through federal lawsuits for violating your civil rights. Prior to this decision, officers understood that failing to provide the Miranda Warning and violating your Miranda Rights exposed them to the consequences of a lawsuit and potential damages. Some of the motivation for officers respecting citizens’ rights has been removed with the Court’s decision.
This decision is another reminder why we must vote to elect candidates who will appoint people to the courts who respect citizens’ rights. It is a reminder that we must vote for judges and prosecutors who will render justice fairly and respect citizens’ rights. Nothing can be taken for granted.
The everyday consideration of the Vega v. Tekoh decision is that you must know your Miranda Rights and exercise those rights. Every man, women, and child must memorize, exercise, and understand their Miranda Rights! Below is a review of your Miranda Rights! Commit them to memory today!
Miranda Warning – APD Policy
“You have the right to remain silent. Anything you say will be used in court as evidence against you. You are entitled to have a lawyer now and have him or her present now or at any time during questioning. If you cannot afford a lawyer, one will be appointed for you without cost and he or she may be present at all times during your questioning. You can decide at any time to exercise these rights and not answer any questions or make any statements.”
What does the Miranda Warning mean to you? Let’s look at the rights sentence by sentence.
Situation: You have been arrested.
Memorize: You have the right to remain silent.
After providing identification (operator/passenger of a vehicle or officer has probable cause that you were involved in a crime) and asking why you are being arrested, you need not make any further comments. This is not the time for debate or explanation.
Exercise: Remain silent, means remain silent. Keep your mouth closed!
Memorize: Anything you say will be used in court as evidence against you.
Focus on the “will be used against you.” Any oral or written statements, comments, and recordings of you making comments or statements will be used against you. It does not matter if the officer says it will not be used or makes you think they are only trying to help you. Your comments may even be used against you when the officers pressured you to give a statement or make a comment.
Exercise: This means remain silent. Keep your mouth closed, until you speak with your attorney.
Memorize: You are entitled to have a lawyer now and have him or her present now or at any time during questioning.
You are not equipped to handle the pressure of a police interview/interrogation alone where the stakes are high (freedom), and time is against you.
Exercise: Request your lawyer now and keep your mouth shut!
Memorize: If you cannot afford a lawyer, one will be appointed for you without cost and he or she may be present at all times during your questioning.
You do not have to engage in any conversation with the officers outside of the presence of your attorney. When you are arrested, you can consider all conversations with officers as attempts to confirm your guilt.
Exercise: Request your lawyer now and keep your mouth shut!
Memorize: You can decide at any time to exercise these rights and not answer any questions or make any statements.
While some people think they can handle answering a few questions or asking the officer questions without giving answers, they risk getting involved in conversations and making statements that they would not have made with legal representation.
Exercise: Decide at the moment of arrest to ask for an attorney and keep your mouth shut!