the webmaster asks: where can i get a copy of t hat 9th us circuit court of appeals ruling
Tuesday, November 9, 1999
Police who ignore Miranda can be sued
The decision, announced yesterday by the 9th U.S. Circuit Court of Appeals, came in a lawsuit brought against the police departments of Los Angeles and nearby Santa Monica that alleged California police agencies routinely train officers to question suspects outside their Miranda rights.
The familiar warnings, enacted after a 1966 Supreme Court ruling, tells suspects of a right to remain silent and to have an attorney present during any questioning. They also are told that anything they say may be used against them in court and if they can't afford a lawyer, one will be appointed for them.
Officers argued they were immune from a lawsuit because they were acting according to training. The police departments contended Miranda rights aren't constitutionally derived. The ruling sets the stage for a trial in district court.