home | contact

News New Legislation

NAPO files amicus curiae brief over Miranda warning violations

Posted by: jgomori Posted date: March 9, 2022

NAPO Executive Director Bill Johnson announced a new amicus curiae brief filed by NAPO in the United States Supreme Court.

“The issue in this case is whether individual officers can be held personally liable in a federal civil rights action for Miranda warning violations,” Johnson wrote in an email to members. “As you know, the remedy for a violation of Miranda warnings is that the statement obtained in violation of Miranda cannot generally be used against the defendant in a criminal trial. In this case, the U.S. Court of Appeals for the Ninth Circuit (one step below the Supreme Court) held that individual officers can be held personally liable for a federal civil rights violation where they violated the Miranda warning requirements.”

“NAPO argues in the brief that this holding by the Ninth Circuit is clearly erroneous and would only lead to further damage to law enforcement efforts at a time when violent crime is spiking, and morale is low,” Johnson wrote. “Also, technically, Miranda is only violated when the statement is actually introduced at trial, and this action is in the hands of prosecutors, lawyers, and judges, not the officer who may or may not have properly Mirandized the suspect months or even years earlier.”

Please click on the brief below for more information.

New Legislation Archives