SCOTUS-suspects can't sue officers for self-incriminating statements without Miranda Rights given
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  SCOTUS-suspects can't sue officers for self-incriminating statements without Miranda Rights given
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Author Topic: SCOTUS-suspects can't sue officers for self-incriminating statements without Miranda Rights given  (Read 1046 times)
Mr. Reactionary
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« Reply #25 on: June 23, 2022, 03:51:51 PM »

The hit parade of terrible terrific Supreme Court decisions continues.
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wesmoorenerd
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« Reply #26 on: June 23, 2022, 04:47:46 PM »

This is a significantly worse decision than the concealed carry one but it'll get a tenth of the press because we live in hell world
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I’m not Stu
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« Reply #27 on: June 23, 2022, 04:50:24 PM »

Although it hasn’t happened yet, Miranda v Arizona will eventually be de jure overturned on paper.

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GM Team Member and Senator WB
weatherboy1102
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« Reply #28 on: June 23, 2022, 05:59:03 PM »

Good Lord when will people realize that they should just never give a statement to the police. 
That's what my ma always said to me. Never say a damn thing other than "I'd like to talk with my lawyer" until said lawyer is there.
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GM Team Member and Senator WB
weatherboy1102
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« Reply #29 on: June 23, 2022, 06:01:05 PM »

please tell me how this is "terrific".
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Buffalo Mayor Young Kim
LVScreenssuck
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« Reply #30 on: June 23, 2022, 06:36:03 PM »

This is a significantly worse decision than the concealed carry one but it'll get a tenth of the press because we live in hell world
If anyone had been paying attention to the last two decades of rulings around mandatory arbitration, they would have known that the conservative justices were extremist political hacks and not been so shocked that all the balls and strikes talk was bs

But that's not gaysnbortion so no one cared.
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MiddleRoad
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« Reply #31 on: June 23, 2022, 06:47:29 PM »

I really hope Miranda can be overturned next
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wesmoorenerd
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« Reply #32 on: June 23, 2022, 06:56:19 PM »


it owns the libs, you see

if you think there's an actual coherent political philosophy going on in conservatives' brains I have bad news for you
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Mr. Reactionary
blackraisin
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« Reply #33 on: June 23, 2022, 08:03:47 PM »


There is nothing in the Constitution that says the police must read you a canned statement about shutting up. Miranda frankly was wrong; a long line of bs rulings from the awful 60s and 70s activist SCOTUS. But at least the only effect was that a criminal who said something bad could not be criminally prosecuted. This case involved a criminal not just escaping punishment over lack of a canned statement, but literally suing for money over it. The nerve of trying to profit off that is terrible. I have zero sympathy for some criminal not being allowed to sue a cop for money because the cop didnt deliver a canned statement about shutting up. That is far beyond reasonable in my mind.
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Ferguson97
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« Reply #34 on: June 23, 2022, 08:48:22 PM »


There is nothing in the Constitution that says the police must read you a canned statement about shutting up. Miranda frankly was wrong; a long line of bs rulings from the awful 60s and 70s activist SCOTUS. But at least the only effect was that a criminal who said something bad could not be criminally prosecuted. This case involved a criminal not just escaping punishment over lack of a canned statement, but literally suing for money over it. The nerve of trying to profit off that is terrible. I have zero sympathy for some criminal not being allowed to sue a cop for money because the cop didnt deliver a canned statement about shutting up. That is far beyond reasonable in my mind.

I don't know how you can write this and consider yourself to be a good person.
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Mr. Reactionary
blackraisin
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« Reply #35 on: June 23, 2022, 08:49:43 PM »


There is nothing in the Constitution that says the police must read you a canned statement about shutting up. Miranda frankly was wrong; a long line of bs rulings from the awful 60s and 70s activist SCOTUS. But at least the only effect was that a criminal who said something bad could not be criminally prosecuted. This case involved a criminal not just escaping punishment over lack of a canned statement, but literally suing for money over it. The nerve of trying to profit off that is terrible. I have zero sympathy for some criminal not being allowed to sue a cop for money because the cop didnt deliver a canned statement about shutting up. That is far beyond reasonable in my mind.

I don't know how you can write this and consider yourself to be a good person.

Lmao. I consider this a compliment coming from you.
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Ferguson97
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« Reply #36 on: June 23, 2022, 08:51:46 PM »


There is nothing in the Constitution that says the police must read you a canned statement about shutting up. Miranda frankly was wrong; a long line of bs rulings from the awful 60s and 70s activist SCOTUS. But at least the only effect was that a criminal who said something bad could not be criminally prosecuted. This case involved a criminal not just escaping punishment over lack of a canned statement, but literally suing for money over it. The nerve of trying to profit off that is terrible. I have zero sympathy for some criminal not being allowed to sue a cop for money because the cop didnt deliver a canned statement about shutting up. That is far beyond reasonable in my mind.

I don't know how you can write this and consider yourself to be a good person.

Lmao. I consider this a compliment coming from you.

I don't know man, I think it's pretty reasonable that the government should have to formally tell you what your rights are before placing you into custody. That seems like something that's pretty important in a liberal democracy.
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Mr. Reactionary
blackraisin
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« Reply #37 on: June 23, 2022, 09:01:23 PM »


There is nothing in the Constitution that says the police must read you a canned statement about shutting up. Miranda frankly was wrong; a long line of bs rulings from the awful 60s and 70s activist SCOTUS. But at least the only effect was that a criminal who said something bad could not be criminally prosecuted. This case involved a criminal not just escaping punishment over lack of a canned statement, but literally suing for money over it. The nerve of trying to profit off that is terrible. I have zero sympathy for some criminal not being allowed to sue a cop for money because the cop didnt deliver a canned statement about shutting up. That is far beyond reasonable in my mind.

I don't know how you can write this and consider yourself to be a good person.

Lmao. I consider this a compliment coming from you.

I don't know man, I think it's pretty reasonable that the government should have to formally tell you what your rights are before placing you into custody. That seems like something that's pretty important in a liberal democracy.

Thats not what miranda did. Miranda requires they give you a canned statement prior to interrogation, not mere arrest and not mere questioning. The definition of interrogation is not clear and keeps shifting. Besides, you could require it by statute. Shoehorning it into the constitution when it isnt there is wrong. And again, this isnt about evidence obtained, this is a lawsuit for money. Criminals shouldnt profit off crime.
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they don't love you like i love you
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« Reply #38 on: June 23, 2022, 10:29:05 PM »

This is a far far worse decision than the concealed carry one and actually legitimately worthy of the bemoaning that one is getting.
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« Reply #39 on: June 23, 2022, 10:37:06 PM »


There is nothing in the Constitution that says the police must read you a canned statement about shutting up. Miranda frankly was wrong; a long line of bs rulings from the awful 60s and 70s activist SCOTUS. But at least the only effect was that a criminal who said something bad could not be criminally prosecuted. This case involved a criminal not just escaping punishment over lack of a canned statement, but literally suing for money over it. The nerve of trying to profit off that is terrible. I have zero sympathy for some criminal not being allowed to sue a cop for money because the cop didnt deliver a canned statement about shutting up. That is far beyond reasonable in my mind.

I don't know how you can write this and consider yourself to be a good person.

Lmao. I consider this a compliment coming from you.

I don't know man, I think it's pretty reasonable that the government should have to formally tell you what your rights are before placing you into custody. That seems like something that's pretty important in a liberal democracy.

Thats not what miranda did. Miranda requires they give you a canned statement prior to interrogation, not mere arrest and not mere questioning. The definition of interrogation is not clear and keeps shifting. Besides, you could require it by statute. Shoehorning it into the constitution when it isnt there is wrong. And again, this isnt about evidence obtained, this is a lawsuit for money. Criminals shouldnt profit off crime.
This guy isn't a criminal. He was acquitted by a jury. This wasn't even a Bill Cosby-like situation of his conviction being thrown out because of the police not following procedure or whatever-he was acquitted outright.
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Ferguson97
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« Reply #40 on: June 23, 2022, 10:51:04 PM »


There is nothing in the Constitution that says the police must read you a canned statement about shutting up. Miranda frankly was wrong; a long line of bs rulings from the awful 60s and 70s activist SCOTUS. But at least the only effect was that a criminal who said something bad could not be criminally prosecuted. This case involved a criminal not just escaping punishment over lack of a canned statement, but literally suing for money over it. The nerve of trying to profit off that is terrible. I have zero sympathy for some criminal not being allowed to sue a cop for money because the cop didnt deliver a canned statement about shutting up. That is far beyond reasonable in my mind.

I don't know how you can write this and consider yourself to be a good person.

Lmao. I consider this a compliment coming from you.

I don't know man, I think it's pretty reasonable that the government should have to formally tell you what your rights are before placing you into custody. That seems like something that's pretty important in a liberal democracy.

Thats not what miranda did. Miranda requires they give you a canned statement prior to interrogation, not mere arrest and not mere questioning. The definition of interrogation is not clear and keeps shifting. Besides, you could require it by statute. Shoehorning it into the constitution when it isnt there is wrong. And again, this isnt about evidence obtained, this is a lawsuit for money. Criminals shouldnt profit off crime.

Fun fact: you are not a criminal until you have been proven guilty, and we are presumed innocent in this country. I'm sorry you disagree with that principle.
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Mr. Reactionary
blackraisin
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« Reply #41 on: June 24, 2022, 06:42:51 AM »


There is nothing in the Constitution that says the police must read you a canned statement about shutting up. Miranda frankly was wrong; a long line of bs rulings from the awful 60s and 70s activist SCOTUS. But at least the only effect was that a criminal who said something bad could not be criminally prosecuted. This case involved a criminal not just escaping punishment over lack of a canned statement, but literally suing for money over it. The nerve of trying to profit off that is terrible. I have zero sympathy for some criminal not being allowed to sue a cop for money because the cop didnt deliver a canned statement about shutting up. That is far beyond reasonable in my mind.

I don't know how you can write this and consider yourself to be a good person.

Lmao. I consider this a compliment coming from you.

I don't know man, I think it's pretty reasonable that the government should have to formally tell you what your rights are before placing you into custody. That seems like something that's pretty important in a liberal democracy.

Thats not what miranda did. Miranda requires they give you a canned statement prior to interrogation, not mere arrest and not mere questioning. The definition of interrogation is not clear and keeps shifting. Besides, you could require it by statute. Shoehorning it into the constitution when it isnt there is wrong. And again, this isnt about evidence obtained, this is a lawsuit for money. Criminals shouldnt profit off crime.
This guy isn't a criminal. He was acquitted by a jury. This wasn't even a Bill Cosby-like situation of his conviction being thrown out because of the police not following procedure or whatever-he was acquitted outright.

Then he isnt damaged and failing to hear a canned statement is harmless error.
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DaleCooper
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« Reply #42 on: June 24, 2022, 07:48:04 AM »


There is nothing in the Constitution that says the police must read you a canned statement about shutting up. Miranda frankly was wrong; a long line of bs rulings from the awful 60s and 70s activist SCOTUS. But at least the only effect was that a criminal who said something bad could not be criminally prosecuted. This case involved a criminal not just escaping punishment over lack of a canned statement, but literally suing for money over it. The nerve of trying to profit off that is terrible. I have zero sympathy for some criminal not being allowed to sue a cop for money because the cop didnt deliver a canned statement about shutting up. That is far beyond reasonable in my mind.

I don't know how you can write this and consider yourself to be a good person.

Lmao. I consider this a compliment coming from you.

I don't know man, I think it's pretty reasonable that the government should have to formally tell you what your rights are before placing you into custody. That seems like something that's pretty important in a liberal democracy.

Thats not what miranda did. Miranda requires they give you a canned statement prior to interrogation, not mere arrest and not mere questioning. The definition of interrogation is not clear and keeps shifting. Besides, you could require it by statute. Shoehorning it into the constitution when it isnt there is wrong. And again, this isnt about evidence obtained, this is a lawsuit for money. Criminals shouldnt profit off crime.
This guy isn't a criminal. He was acquitted by a jury. This wasn't even a Bill Cosby-like situation of his conviction being thrown out because of the police not following procedure or whatever-he was acquitted outright.

Then he isnt damaged and failing to hear a canned statement is harmless error.

It's possible that he wouldn't have been put on trial (for a crime that, according to the law, he didn't commit) if the police hadn't violated his rights.
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Donerail
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« Reply #43 on: June 24, 2022, 09:03:15 AM »

Not sure how common it is to bring a 1983 claim solely on the basis of failure to Mirandize but I suspect it is not a frequent scenario, given the pre-existing difficulties involved in bringing any 1983 claim. Not sure this ruling changes much on the ground.
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