The 5th Amendment with US Constitution in the background. Credit: zimmytws/Shutterstock 'I Need to Talk to an Attorney:' Idaho Man Denied Relief Despite Miranda Violation, Federal Judge Holds
"This Court reaches its conclusion with deep misgivings," U.S. District Judge for the District of Idaho B. Lynn Winmill wrote. "Vega denies individuals like Dr. Moore the ability to seek a remedy for violations of their Fifth Amendment right to counsel. In so doing, '[t]he majority here, as elsewhere, injures the right by denying the remedy.' It is illogical and perverse to insist that the Constitution guarantees a right while stripping the people of their ability to hold government officials civilly accountable for violating it."
August 02, 2023 at 05:05 PM
4 minute read
An Idaho man whose Miranda rights were allegedly violated when he repeatedly asked for a lawyer during a homicide investigation cannot seek a remedy for violations of his Fifth Amendment right to counsel based on U.S. Supreme Court precedent, a federal judge held earlier this month.
Daniel Moore and his wife Karen Moore both filed Section 1983 claims against the City of Bonners Ferry, Idaho, and multiple officers from its police department after the Idaho Supreme Court found that Moore's Miranda rights were violated during an investigation into the death of chiropractor Brian Drake, according to an order filed by the U.S. District Court.
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