Vega v. Tekoh

Brief of the National Association of Criminal Defense Lawyers and Due Process Institute as Amici Curiae in Support of Respondent.

Brief filed: 04/06/2022

Documents

Vega v. Tekoh

United States Supreme Court; Case No. 21-499

Prior Decision

Decision below 985 F.3d 713 (9th Cir. 2021)

Argument(s)

When a police officer obtains custodial statements from a defendant in violation of Miranda and the prosecution introduces those statements at trial, the Fifth Amendment is violated and the defendant thus may sue officers under Section 1983 for damages. Even though the Court has sometimes described Miranda as a "prophylactic rule," the Court confirmed in Dickerson that the rule is indeed grounded in the Constitution.  The only question in such a Section 1983 case, therefore, is whether the officers' actions were the proximate cause of the constitutional violation. At least in a case such as this, where the prosecution introduced the statements at least in part because the officers failed to provide them with complete and truthful account of the circumstances under which the statements were taken, causation is satisfied because the constitutional violation was the direct and foreseeable consequence of the officers' actions.

Author(s)

Steve Art, David Owens, Julia Rickert, and Samantha Hamilton of Loevy & Loevy in Chicago, IL; Jeff Fisher of Stanford Law School.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free

Featured Products