Vega v. Tekoh - Case Law for Cops

Is an officer's failure to advise Miranda warnings grounds for a lawsuit?
Vega v. Tekoh 21-499: www.supremecourt.gov/opinions...
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Erik Scramlin is a former Chief Deputy District Attorney and currently serves as the Senior Attorney Instructor at Tactical Legal Solutions, LLC. Courses and contact information available at policelegaltraining.com
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[@holdingcopsaccountable6554]

Cameras has the most effect on law enforcement.😂😂😂😂😂. Always film the police!🥳🥳🥳

[@SneakyOreo]

Another great video! I can personally testify that he is an excellent instructor that engages and keeps the attention of students throughout the course. Highly recommend!!!

[@tacticalattorney]

Thanks Chris, I appreciate it!

[@grannygear1001]

So wish there was a guy like you for NH. This is so informative! I find it fascinating. The law and our unalienable rights have always been so important!

[@tacticalattorney]

Much appreciated.

[@kamilegier4730]

Basically cops can just ignore Miranda since there is no consequences for not reading them.

[@jakedode]

In theory, if you are not free to leave, you are in effect, under arrest.

[@FIoydFan]

I have to disagree with you. I hate the ego and controlling of policing but an investigatorial detention pursuant to Terry v Ohio is only the second rung of three in citizen/police interactions. Though an arrest has not been effectuated, it seems to me the citizen is in the officers custody and therefore needs mirandized prior to questioning. In other words, if I am not free to scratch my nose, I’m in a Custodial Detention. But then again, I don’t answer questions so you’re not getting anything else but that.

[@holdingcopsaccountable6554]

@@FIoydFan Detainment and arrest are connected but are different. A detainment may not result in criminal charges where an arrest will. You may be detained because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid.

[@holdingcopsaccountable6554]

Detainment and arrest are connected but are different. A detainment may not result in criminal charges where an arrest will. You may be detained because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid.

[@FIoydFan]

@@holdingcopsaccountable6554Is it a Custodian Interrogation if you are physically detained, with restraints, and asked questions, meaning you must be informed of your right to remain silent, before any statements provided can be used against you? It is popular belief that you are mirandized just before being arrested, but physical restraints can be used if the officer perceives you as being a potential threat, without effectuating an arrest. Yes, the officer needs Reasonable Articulable Suspicion that a crime has, is, or was about to be committed before this can occur. The point here is quite technical. When does a custodial detention begin? From your reply, it sounds like it’s when the officer determines probable cause has been established with specific and articulable facts to substantiate the charge. Is it also your position that this is when the suspect should be Mirandized? What if they were handcuffed, ordered to sit on a curb and the officers subsequent questioning exposed the probable cause. In this scenario, if a defense attorney enters a motion to suppress based on the exclusionary rule, how would a Judge respond? Please understand, I don’t know the answer to this question but I have my own opinion.

[@FIoydFan]

@@holdingcopsaccountable6554 On a side point, the suspicion doesn’t have to be valid. Look up the case, Heien v. North Carolina and be prepared to freak out. It’s called The Good Faith Exception.

[@kindcrone]

Thank you! This is very valuable information to support my 1983 lawsuit against LEO & city!

[@timendrizzi2180]

How's your law suit going?

[@kindcrone]

@@timendrizzi2180 I've got everything lined up, but terrified of proceeding.

[@user-fk4un9xs3g]

@@kindcrone u do it

[@ryanhathaway563]

so... police officers have to mirandize suspects before interrogating them, but if they dont, then nothing happens? then they dont have to mirandize people. why would a police officer mirandize anyone without the fear of legal repercussions? thats just giving "the enemy" an advantage, right?

[@Astroponicist]

Officer Ryan Hathaway, why do you call the people 'The Enemy'?

[@edwardgoodwin7457]

I think my department signed me up for your course tomorrow. I’ve been watching you for close to a year now. Any reason why you chose sic transit gloria?

[@tacticalattorney]

Awesome. Looking forward to meeting you during the training tomorrow. I chose that song because it's an old favorite. The beat made for a great transition I think. Thanks for the support over the last year I really appreciate it!

[@NinaSaffold-ko8cy]

I’m confused

[@wilburkennedy9619]

There saying two step the laws

[@CoffeeNo0b0514]

Not quite enough facts until I read the case fully, but it doesn’t seem this was a case in which Miranda needed to be read anyways.

[@loz911]

#HFTCD

[@bornfree3124]

What about police violating the separation of powers doctrine, as part of the Executive branch of government they cannot generate revenue or taxes.

[@jakedode]

Another thumbs down on an otherwise helpful video. The desecrated American flag in your background spits on the graves on my fallen brothers in the military. SHAMEFUL!!

[@Alfranco1775]

What about the flag with the green stripe?

[@InvictusMedia]

My father was a WW2, Korea, Vietnam veteran and he felt the same way about the thin blue line gang flag of tyranny.

[@gunslingerswamp154]

Oh no. Someone got the timeout.