see, e.g., Warren v. City of Lincoln, 864 F.2d 1436, 1442 (8th Cir.) (holding that the remedy for a Miranda violation is the exclusion from evidence of any compelled self- incrimination, not a section 1983 action), cert. denied, 490 U.S. 1091 (1989); Bennett v. Passic, 545 F.2d 1260, 1263 (10th Cir. 1976) (No rational argument can be made in support of the notion that the failure to give Miranda warnings subjects a police officer to liability under the Civil Rights Act). The right protected under the Fifth Amendment is the right not to be compelled to be a witness against oneself in a criminal prosecution, whereas the right to counsel during custodial interrogation recognized in Miranda v. Arizona, 384 U.S. 436 (1966), is merely a procedural safeguard, and not a substantive right. Id.
Posted on: Sun, 28 Dec 2014 20:02:07 +0000
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