You are probably at least aware of your Miranda rights. Anyone who has watched a television show where someone gets arrested knows that the police should tell an individual about their right to remain silent and their right to legal representation when facing criminal charges.
However, those rights are constantly in flux due to changes in the law and court rulings. The Supreme Court this year has taken on not one but two significant cases related to the Miranda Warning. The rulings they entered in both of those cases can have implications for those who believe they endured a Miranda rights violation during the investigation into their actions.
In a ruling that may leave some people vulnerable and may prompt some police officers to engage in deceptive behavior, the Supreme Court found that simply being in a police vehicle or in handcuffs was not enough for an individual to claim a Miranda Rights violation.
In this particular case, the police officer placed the suspect in handcuffs as a protective measure and had not yet placed them under arrest. The Supreme Court found that statements made while in handcuffs are not necessarily evidence the defendant could exclude from court proceedings due to not receiving the Miranda warning. Those interacting with police officers will need to be familiar with their rights or run the risk of officers tricking them into making dangerous statements.
Individuals who claim that police departments violated their civil rights or caused them harm with inappropriate practices can sometimes bring a lawsuit against the officer or the police department itself.
Another recent Supreme Court ruling has essentially done away with that practice by declaring that there is no civil liability for Miranda violations. An individual who believes the police violated their Miranda rights could raise that issue in criminal court as part of a defense effort, but they will not be able to take the officer or department to court later to ask for compensation because of that violation.
Staying up-to-date on important changes that affect the rights of criminal defendants can help you plan your defense when facing criminal charges and can help you better handle interactions with law enforcement.