United States v. Lewis
Brief of Amici Curiae National Association of Criminal Defense Lawyers; American Civil Liberties Union Foundation; American Civil Liberties Foundations of Delaware, New Jersey, and Pennsylvania, In Support of Defendant-Appellee.
United States v. Pritchard
Amicus Curiae Brief of the Petitioner, National Association of Criminal Defense Lawyers in Support of the Real Party in Interest.
Vega v. Tekoh
Brief of the National Association of Criminal Defense Lawyers and Due Process Institute as Amici Curiae in Support of Respondent.
Argument: 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.
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