Not as bad as you think. The truth of the matter was that the guy was not being charged with a crime, thus Miranda does not apply. He could sue them for benig annoying, assault, battery, etc. But going for a Miranda is not the way to go.
As far as the 14th ammendment, torture is not currently legal for US citizens.
A four-justice plurality said the officer's refusal to stop didn't violate Martinez's Fifth Amendment rights against self-incrimination, because he was never charged with a crime. But a majority of the court said the relentless questioning of Martinez under the circumstances could have violated his 14th Amendment rights to due process, because it could be compared to torturing him.
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timeasmymeasure
no subject
Date: 2003-05-30 12:19 pm (UTC)As far as the 14th ammendment, torture is not currently legal for US citizens.
A four-justice plurality said the officer's refusal to stop didn't violate Martinez's Fifth Amendment rights against self-incrimination, because he was never charged with a crime. But a majority of the court said the relentless questioning of Martinez under the circumstances could have violated his 14th Amendment rights to due process, because it could be compared to torturing him.