The warning created by the “Miranda” case has become a staple in police lexicon and popular culture. What if that warning is violated during an interrogation and a confession against the right to remain silent established by the 5th Amendment is gained. Can you sue the government?
The answer is NO!
The Miranda warning was established by case law not the Constitution. The protection given under the 5th Amendment does not state and has not been interpreted to require the Miranda warning. Therefore the recourse for a confession or other statement made in violation of the Miranda warning is to have that statement addressed in an evidentiary hearing in the trial court.
So when you are given the option – as anyone who has seen a popular police drama would know – remain silent until you have legal counsel.