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SUPREME COURT OF THE UNITED STATES
_________________
No. 21–499
_________________
CARLOS VEGA, PETITIONER
v. TERENCE B.
TEKOH
on writ of certiorari to the united states
court of appeals for the ninth circuit
[June 23, 2022]
Justice Alito delivered the opinion of the
Court.
This case presents the question whether a
plaintiff may sue a police officer under Rev. Stat. §1979, 42
U. S. C. §1983, based on the allegedly improper admission
of an “un-
Mirandized”[
1]
statement in a criminal prosecution. The case arose out of the
interrogation of respondent, Terence Tekoh, by petitioner, Los
Angeles County Sheriff ’s Deputy Carlos Vega. Deputy Vega
questioned Tekoh at his place of employment and did not give him a
Miranda warning. Tekoh was prosecuted, and his confession
was admitted into evidence, but the jury returned a verdict of not
guilty. Tekoh then sued Vega under §1983, and the United States
Court of Appeals for the Ninth Circuit held that the use of Tekoh’s
un-
Mirandized statement provided a valid basis for a §1983
claim against Vega. We now reject this extension of our
Miranda case law.
I
In March 2014, Tekoh was working as a
certified nursing assistant at a Los Angeles medical center. When a
female patient accused him of sexually assaulting her, the hospital
staff reported the accusation to the Los Angeles County
Sheriff ’s Department, and Deputy Vega responded. Vega
questioned Tekoh at length in the hospital, and Tekoh eventually
provided a written statement apologizing for inappropriately
touching the patient’s genitals. The parties dispute whether Vega
used coercive investigatory techniques to extract the statement,
but it is undisputed that he never informed Tekoh of his rights
under
Miranda v.
Arizona,
384
U.S. 436 (1966), which held that during a custodial
interrogation police officers must inform a suspect that “he has
the right to remain silent, that anything he says can be used
against him in a court of law, that he has the right to the
presence of an attorney, and that if he cannot afford an attorney
one will be appointed for him prior to any questioning.”
Id., at 479.
Tekoh was arrested and charged in California
state court with unlawful sexual penetration. At Tekoh’s first
trial, the judge held that
Miranda had not been violated
because Tekoh was not in custody when he provided the statement,
but the trial resulted in a mistrial. When Tekoh was retried, a
second judge again denied his request to exclude the confession.
This trial resulted in acquittal, and Tekoh then brought this
action under 42 U. S. C. §1983 against Vega and several
other defendants seeking damages for alleged violations of his
constitutional rights, including his Fifth Amendment right against
compelled self-incrimination.
When this §1983 case was first tried, the jury
returned a verdict in favor of Vega, but the judge concluded that
he had given an improper jury instruction and thus granted a new
trial. Before the second trial, Tekoh asked the court to instruct
the jury that it was required to find that Vega violated the Fifth
Amendment right against compelled self- incrimination if it
determined that he took a statement from Tekoh in violation of
Miranda and that the statement was then improperly used
against Tekoh at his criminal trial. The District Court declined,
reasoning that
Miranda established a prophylactic rule and
that such a rule could not alone provide a ground for §1983
liability. Instead, the jury was asked to decide whether Tekoh’s
Fifth Amendment right had been violated. The court instructed the
jury to determine, based on “the totality of all the surrounding
circumstances,” whether Tekoh’s statement had been “improperly
coerced or compelled,” and the court explained that “[a] confession
is improperly coerced or compelled . . . if a police
officer uses physical or psychological force or threats not
permitted by law to undermine a person’s ability to exercise his or
her free will.” App. to Pet. for Cert. 119a. The jury found in
Vega’s favor, and Tekoh appealed.
A Ninth Circuit panel reversed, holding that the
“use of an un-
Mirandized statement against a defendant in a
criminal proceeding violates the Fifth Amendment and may support a
§1983 claim” against the officer who obtained the statement.
Tekoh v.
County of Los Angeles, 985 F.3d 713, 722
(2021). The panel acknowledged that this Court has repeatedly said
that
Miranda adopted prophylactic rules designed to protect
against constitutional violations and that the decision did not
hold that the contravention of those rules necessarily constitutes
a constitutional violation. See 985 F. 3d, at 719–720. But the
panel thought that our decision in
Dickerson v.
United
States,
530 U.S.
428 (2000), “made clear that the right of a criminal defendant
against having an un-
Mirandized statement introduced in the
prosecution’s case in chief is indeed a right secured by the
Constitution.” 985 F. 3d, at 720. Therefore the panel
concluded that Tekoh could establish a violation of his Fifth
Amendment right against compelled self-incrimination simply by
showing that
Miranda had been violated. See 985 F. 3d,
at 720. The panel thus remanded the case for a new trial.
Vega’s petition for rehearing en banc was
denied, but Judge Bumatay, joined by six other judges, filed a
dissent from the denial of rehearing.
Tekoh v.
County of
Los Angeles, 997 F.3d 1260, 1261, 1264–1272 (CA9 2021). We then
granted certiorari. 595 U. S. ___ (2022).
II
Section 1983 provides a cause of action
against any person acting under color of state law who “subjects” a
person or “causes [a person] to be subjected . . . to the
deprivation of any rights, privileges, or immunities secured by the
Constitution and laws.” The question we must decide is whether a
violation of the
Miranda rules provides a basis for a claim
under §1983. We hold that it does not.
A
If a
Miranda violation were tantamount
to a violation of the Fifth Amendment, our answer would of course
be different. The Fifth Amendment, made applicable to the States by
the Fourteenth Amendment,
Malloy v.
Hogan,
378 U.S.
1, 6 (1964), provides that “[n]o person . . . shall
be compelled in any criminal case to be a witness against himself.”
This Clause “permits a person to refuse to testify against himself
at a criminal trial in which he is a defendant” and “also
‘privileges him not to answer official questions put to him in any
other proceeding, civil or criminal, formal or informal, where the
answers might incriminate him in future criminal
proceedings.’ ”
Minnesota v.
Murphy,
465 U.S.
420, 426 (1984) (quoting
Lefkowitz v.
Turley,
414 U.S.
70, 77 (1973)). In addition, the right bars the introduction
against a criminal defendant of out-of-court statements obtained by
compulsion. See,
e.g., Bram v.
United States,
168 U.S.
532, 565 (1897);
Miranda, 384 U. S., at 466;
Michigan v.
Tucker,
417
U.S. 433, 440–442 (1974).
In
Miranda, the Court concluded that
additional procedural protections were necessary to prevent the
violation of this important right when suspects who are in custody
are interrogated by the police. To afford this protection, the
Court required that custodial interrogation be preceded by the
now-familiar warnings mentioned above, and it directed that
statements obtained in violation of these new rules may not be used
by the prosecution in its case-in-chief. 384 U. S., at 444,
479.
In this case, the Ninth Circuit held—and Tekoh
now argues, Brief for Respondent 20—that a violation of
Miranda constitutes a violation of the Fifth Amendment right
against compelled self-incrimination, but that is wrong.
Miranda itself and our subsequent cases make clear that
Miranda imposed a set of prophylactic rules. Those rules, to
be sure, are “constitutionally based,”
Dickerson, 530
U. S., at 440, but they are prophylactic rules
nonetheless.
B
Miranda itself was clear on this point.
Miranda did not hold that a violation of the rules it
established necessarily constitute a Fifth Amendment violation, and
it is difficult to see how it could have held otherwise. For one
thing, it is easy to imagine many situations in which an un-
Mirandized suspect in custody may make self- incriminating
statements without any hint of compulsion. In addition, the
warnings that the Court required included components, such as
notification of the right to have retained or appointed counsel
present during questioning, that do not concern self-incrimination
per se but are instead plainly designed to safeguard that
right. And the same is true of
Miranda’s detailed rules
about the waiver of the right to remain silent and the right to an
attorney. 384 U. S., at 474–479.
At no point in the opinion did the Court state
that a violation of its new rules constituted a violation of the
Fifth Amendment right against compelled self-incrimination.
Instead, it claimed only that those rules were needed to safeguard
that right during custodial interrogation. See
id., at 439
(describing its rules as “procedures which assure that the
individual is accorded his privilege under the Fifth Amendment”);
id., at 444 (describing rules as “procedural safeguards”);
id., at 457 (“appropriate safeguards”);
id., at 458
(“adequate protective devices”);
id., at 467
(“safeguards”).
In accordance with this understanding of the
nature of the rules it imposed, the
Miranda Court stated
quite clearly that the Constitution did not itself require
“adherence to any particular solution for the inherent compulsions
of the interrogation process” and that its decision “in no way
create[d] a constitutional straitjacket.”
Ibid. The opinion
added that its new rules might not be needed if Congress or the
States adopted “other procedures which are at least as effective,”
ibid., and the opinion suggested that there might not have
been any actual Fifth Amendment violations in the four cases that
were before the Court. See
id., at 457 (“In these cases, we
might not find the defendants’ statements to have been involuntary
in traditional terms”). The Court could not have said any of these
things if a violation of the
Miranda rules necessarily
constituted a violation of the Fifth Amendment.
Since
Miranda, the Court has repeatedly
described the rules it adopted as “prophylactic.” See
Howes
v.
Fields,
565 U.S.
499, 507 (2012);
J. D. B. v.
North Carolina,
564 U.S.
261, 269 (2011);
Maryland v.
Shatzer,
559 U.S.
98, 103 (2010);
Montejo v.
Louisiana,
556 U.S.
778, 794 (2009);
Davis v.
United States,
512 U.S.
452, 458 (1994);
Brecht v.
Abrahamson,
507 U.S.
619, 629 (1993);
Withrow v.
Williams,
507
U.S. 680, 691 (1993);
McNeil v.
Wisconsin,
501 U.S.
171, 176 (1991);
Michigan v.
Harvey,
494 U.S.
344, 350 (1990);
Duckworth v.
Eagan,
492 U.S.
195, 203 (1989);
Arizona v.
Roberson,
486 U.S.
675, 681 (1988);
Connecticut v.
Barrett,
479 U.S.
523, 528 (1987);
Oregon v.
Elstad,
470
U.S. 298, 309 (1985);
New York v.
Quarles,
467
U.S. 649, 654 (1984);
South Dakota v.
Neville,
459 U.S.
553, 564, n. 15 (1983);
United States v.
Henry,
447 U.S.
264, 274 (1980);
North Carolina v.
Butler,
441 U.S.
369, 374 (1979);
Brown v.
Illinois,
422 U.S.
590, 600 (1975);
Michigan v.
Tucker, 417
U. S., at 439; and
Michigan v.
Payne,
412 U.S.
47, 53 (1973).[
2]
C
After
Miranda was handed down, the
Court engaged in the process of charting the dimensions of these
new prophylactic rules. As we would later spell out, this process
entailed a weighing of the benefits and costs of any clarification
of the rules’ scope. See
Shatzer, 559 U. S., at 106 (“A
judicially crafted rule is ‘justified only by reference to its
prophylactic purpose,’ . . . and applies only where its
benefits outweigh its costs”).
Some post-
Miranda decisions found that
the balance of interests justified restrictions that would not have
been possible if
Miranda represented an explanation of the
meaning of the Fifth Amendment right as opposed to a set of rules
designed to protect that right. For example, in
Harris v.
New York,
401 U.S.
222, 224–226 (1971), the Court held that a statement obtained
in violation of
Miranda could be used to impeach the
testimony of a defendant, even though an involuntary statement
obtained in violation of the Fifth Amendment could not have been
employed in this way. See
Mincey v.
Arizona,
437 U.S.
385, 398 (1978) (“[A]ny criminal trial use against a defendant
of his involuntary statement is a denial of due process of law”
(emphasis deleted)). Engaging in the process we described in
Shatzer, the
Harris Court considered the benefits of
forbidding impeachment but dismissed “the speculative possibility”
that this would discourage “impermissible police conduct,” and on
the other side of the scale, it feared that barring impeachment
would turn
Miranda into “a license to use perjury by way of
a defense.” 401 U. S., at 225–226.
A similar analysis was used in
Michigan
v.
Tucker, 417 U.S. 443, 450–452, n. 26 (1974), where
the Court held that the “fruits” of an un-
Mirandized
statement can be admitted. The Court noted that “the ‘fruits’ of
police conduct which actually infringe[s]” a defendant’s
constitutional rights must be suppressed.
Id., at 445; see
also
Wong Sun v.
United States,
371 U.S.
471 (1963) (applying the rule in the context of a Fourth
Amendment violation). But the Court distinguished police conduct
that “abridge[s] [a person’s] constitutional privilege against
compulsory self- incrimination” from conduct that “depart[s] only
from the prophylactic standards later laid down by this Court in
Miranda to safeguard that privilege.” 417 U. S., at
445–446. Because there had been only a
Miranda violation in
that case, the
Wong Sun rule of automatic exclusion was
found to be inapplicable. See 417 U. S., at 445–446. Instead,
the Court asked whether the
Miranda rules’ prophylactic
purposes justified the exclusion of the fruits of the violation,
and after “balancing the interests involved,” it held that
exclusion was not required. 417 U. S., at 447–452.
In
New York v.
Quarles,
467
U.S. 649, 654–657 (1984), the Court held that statements
obtained in violation of
Miranda need not be suppressed when
the questioning is conducted to address an ongoing “public safety”
concern. The Court reasoned that
Miranda warnings are
“ ‘not themselves rights protected by the Constitution’ ”
and that “the need for answers to questions in a situation posing a
threat to the public safety outweigh[ed] the need for the
prophylactic rule.” 467 U. S., at 654, 657.
Finally, in
Elstad,
470 U.S.
298, the Court again distinguished between a constitutional
violation and a violation of
Miranda. In that case, a
suspect in custody was initially questioned without receiving a
Miranda warning, and the statements made at that time were
suppressed. 470 U. S., at 301–302. But the suspect was later
given
Miranda warnings, chose to waive his
Miranda
rights, and signed a written confession. 470 U. S., at 301.
Asked to decide whether this confession was admissible, the Court
followed the reasoning in
Tucker and again held that the
fruit-of-the- poisonous-tree rule that applies to constitutional
violations does not apply to violations of
Miranda. 470
U. S., at 306–309, 318. The Court refused to exclude the
signed confession and emphasized that an officer’s error “in
administering the prophylactic
Miranda procedures
. . . should not breed the same irremediable consequences
as police infringement of the Fifth Amendment
itself.” [
3]
Id.,
at 309.
It is hard to see how these decisions could
stand if a violation of
Miranda constituted a violation of
the Fifth Amendment.
D
While these decisions imposed limits on
Miranda’s prophylactic rules, other decisions found that the
balance of interests called for expansion. In
Doyle v.
Ohio,
426 U.S.
610, 617–619 (1976), the Court held that silence following a
Miranda warning cannot be used to impeach. The Court
acknowledged that
Miranda warnings are “prophylactic,” 426
U. S., at 617, and it recognized the prosecution’s need to
test a defendant’s exculpatory story through cross- examination,
id., at 616–618. But it found that allowing the use of
post-warning silence would undermine the warnings’ implicit promise
that silence would not be used to convict.
Id., at 618.
Similarly, in
Roberson, 486 U. S.,
at 682, the Court held that a suspect’s post-warning request for
counsel with respect to one offense barred later interrogation
without counsel regarding a different offense. Describing the
Miranda rules as “prophylactic protections,” 486 U. S.,
at 681, the Court concluded that both law enforcement and criminal
defendants would benefit from a bright-line,
id., at
681–682.
Finally, in
Withrow v.
Williams,
507 U.S.
680, the Court rejected an attempt to restrict
Miranda’s
application in collateral proceedings based on the reasoning in
Stone v.
Powell,
428 U.S.
465 (1976). In
Stone, the Court had held that a
defendant who has had a full and fair opportunity to seek
suppression of evidence allegedly seized in violation of the Fourth
Amendment may not obtain federal habeas relief on that ground,
id., at 494–495, and in
Withrow, a state prison
warden argued that a similar rule should apply to a habeas
petitioner who had been given an opportunity to litigate a
Miranda claim at trial, see 507 U. S., at 688–690. Once
again acknowledging that
Miranda adopted prophylactic rules,
the Court balanced the competing interests and found that the costs
of adopting the warden’s argument outweighed any benefits. On the
cost side, the Court noted that enforcing
Miranda
“safeguards ‘a fundamental
trial right” and furthers “the
correct ascertainment of guilt” at trial. 507 U. S.
, at
691–692. And on the other side, the Court found that the adoption
of a
Stone-like rule “would not significantly benefit the
federal courts in their exercise of habeas jurisdiction, or advance
the cause of federalism in any substantial way.” 507 U. S., at
693.
Thus, all the post-
Miranda cases we have
discussed acknowledged the prophylactic nature of the
Miranda rules and engaged in cost-benefit analysis to define
the scope of these prophylactic rules.
E
Contrary to the decision below and Tekoh’s
argument here, see Brief for Respondent 24, our decision in
Dickerson,
530 U.S.
428, did not upset the firmly established prior understanding
of
Miranda as a prophylactic decision.
Dickerson
involved a federal statute, 18 U. S. C. §3501, that
effectively overruled
Miranda by making the admissibility of
a statement given during custodial interrogation turn solely on
whether it was made voluntarily. 530 U. S., at 431–432. The
Court held that Congress could not abrogate
Miranda by
statute because
Miranda was a “constitutional decision” that
adopted a “constitutional rule,” 530 U. S., at 438–439, and
the Court noted that these rules could not have been made
applicable to the States if it did not have that status, see
ibid.
At the same time, however, the Court made it
clear that it was not equating a violation of the
Miranda
rules with an outright Fifth Amendment violation. For one thing, it
reiterated
Miranda’s observation that “the Constitution
would not preclude legislative solutions that differed from the
prescribed
Miranda warnings but which were ‘at least as
effective in apprising accused persons’ ” of their rights. 530
U. S., at 440 (quoting
Miranda, 384 U. S., at
467).
Even more to the point, the Court rejected the
dissent’s argument that §3501 could not be held unconstitutional
unless “
Miranda warnings are required by the Constitution,
in the sense that nothing else will suffice to satisfy
constitutional requirements.” 530 U. S., at 442. The Court’s
answer, in substance, was that the
Miranda rules, though not
an explication of the meaning of the Fifth Amendment right, are
rules that are necessary to protect that right (at least until a
better alternative is found and adopted). See 530 U. S., at
441–443. Thus, in the words of the
Dickerson Court, the
Miranda rules are “constitutionally based” and have
“constitutional underpinnings.” 530 U. S., at 440, and
n. 5. But the obvious point of these formulations was to avoid
saying that a
Miranda violation is the same as a violation
of the Fifth Amendment right.
What all this boils down to is basically as
follows. The
Miranda rules are prophylactic rules that the
Court found to be necessary to protect the Fifth Amendment right
against compelled self-incrimination. In that sense,
Miranda
was a “constitutional decision” and it adopted a “constitutional
rule” because the decision was based on the Court’s judgment about
what is required to safeguard that constitutional right. And when
the Court adopts a constitutional prophylactic rule of this nature,
Dickerson concluded, the rule has the status of a “La[w] of
the United States” that is binding on the States under the
Supremacy Clause [
4] (as
Miranda implicitly held, since three of the four decisions
it reversed came from state court, 384 U. S., at 491–494,
497–499), and the rule cannot be altered by ordinary
legislation.
This was a bold and controversial claim of
authority,[
5] but we do not
think that
Dickerson can be understood any other way without
(1) taking the insupportable position that a
Miranda
violation is tantamount to a violation of the Fifth Amendment, (2)
calling into question the prior decisions that were predicated on
the proposition that a
Miranda violation is not the same as
a constitutional violation, and (3) excising from the United States
Reports a mountain of statements describing the
Miranda
rules as prophylactic.
Subsequent cases confirm that
Dickerson
did not upend the Court’s understanding of the
Miranda rules
as prophylactic. See,
e.g., supra, at 6–7 (collecting
post-
Dickerson cases).
In sum, a violation of
Miranda does not
necessarily constitute a violation of the Constitution, and
therefore such a violation does not constitute “the deprivation of
[a] right . . . secured by the Constitution.” 42
U. S. C. §1983.
III
This conclusion does not necessarily dictate
reversal because a §1983 claim may also be based on “the
deprivation of any rights, privileges, or immunities secured by the
. . .
laws.” (Emphasis added.) It may thus be
argued that the
Miranda rules constitute federal “law” and
that an abridgment of those rules can therefore provide the ground
for a §1983 claim. But whatever else may be said about this
argument,[
6] it cannot succeed
unless Tekoh can persuade us that this “law” should be expanded to
include the right to sue for damages under §1983.
As we have noted, “[a] judicially crafted”
prophylactic rule should apply “only where its benefits outweigh
its costs,”
Shatzer, 559 U. S., at 106, and here, while
the benefits of permitting the assertion of
Miranda claims
under §1983 would be slight, the costs would be substantial.
Miranda rests on a pragmatic judgment
about what is needed to stop the violation at trial of the Fifth
Amendment right against compelled self-incrimination. That
prophylactic purpose is served by the suppression at trial of
statements obtained in violation of
Miranda and by the
application of that decision in other recognized contexts. Allowing
the victim of a
Miranda violation to sue a police officer
for damages under §1983 would have little additional deterrent
value, and permitting such claims would cause many problems.
Allowing a claim like Tekoh’s would disserve
“judicial economy,”
Parklane Hosiery Co. v.
Shore,
439 U.S.
322, 326 (1979), by requiring a federal judge or jury to
adjudicate a factual question (whether Tekoh was in custody when
questioned) that had already been decided by a state court. This
re-adjudication would not only be wasteful; it would undercut the
“ ‘strong judicial policy against the creation of two
conflicting resolutions’ ” based on the same set of facts.
Heck v.
Humphrey,
512 U.S.
477, 484 (1994). And it could produce “unnecessary friction”
between the federal and state court systems by requiring the
federal court entertaining the §1983 claim to pass judgment on
legal and factual issues already settled in state court. See
Preiser v.
Rodriguez,
411 U.S.
475, 490–491 (1973).
Allowing §1983 suits based on
Miranda
claims could also present many procedural issues, such as whether a
federal court considering a §1983 claim would owe any deference to
a trial court’s factual findings; whether forfeiture and plain
error rules carry over from the criminal trial; whether
harmless-error rules apply; and whether civil damages are available
in instances where the unwarned statement had no impact on the
outcome of the criminal case.
We therefore refuse to extend
Miranda in
the way Tekoh requests.
Miranda,
Dickerson, and the
other cases in that line provide sufficient protection for the
Fifth Amendment right against compelled self-incrimination. “The
identification of a
Miranda violation and its consequences
. . . ought to be determined at trial.”
Chavez v.
Martinez,
538
U.S. 760, 790 (2003) (Kennedy, J., concurring in part and
dissenting in part). And except in unusual circumstances, the
“exclusion of unwarned statements” should be “a complete and
sufficient remedy.”
Ibid.
* * *
Because a violation of
Miranda is not
itself a violation of the Fifth Amendment, and because we see no
justification for expanding
Miranda to confer a right to sue
under §1983, the judgment of the Court of Appeals is reversed, and
the case is remanded for further proceedings consistent with this
opinion.
It is so ordered.
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