warning a remedy is available—the exclusion of the resulting statements in any subsequent criminal trial. The brief also points out the negative consequences for local governments if money damages are available. “The potential burden on local governments and local law enforcement is staggering. On any given day, police officers interact with tens of thousands of their fellow American citizens, often in ways that involve posing direct or indirect questions and in circumstances that may or may not be custodial. Under the Ninth Circuit’s rule, an officer would either have to provide prophylactic Miranda warnings at practically every one of those interactions, or else face potential personal liability for damages if the resulting statements are later admitted at a criminal trial over the defendant’s objection that he was in custody when they were made.” Harker Rhodes, Kirkland & Ellis, wrote the SLLC amicus brief which the following organizations joined: National Association of Counties, National League of Cities, U.S. Conference of Mayors, International Municipal Lawyers Association, National Sheriffs’ Association, Major County Sheriffs of America, California State Association of Counties, and the City of Chicago.
CONCLUSION
Interestingly, all three cases present issues which could arise at any local government on any day. Local governments engage in government speech constantly. Local governments, like all employers, want to stop employees from engaging in a variety of activities while at work. And every time a police officer interacts with someone, he or she must decide whether to recite Miranda. The Court will issue opinions in all of these cases by the end of June 2022. ■
Recent Directory Updates For the 2021-2022 Directory of South Dakota Municipal Officials
The list below reflects updates to the directory received since the list included in the March 2022 SD Municipalities magazine.
Municipality Baltic Delmont Groton Hartford Vermillion
Delete FO Linda Laib CM Arden Jones CM Howard Wilson (Deceased)
Add FO Sara Smith FO Mary Williams FO/ADM Doug Heinrich M Arden Jones
Miss an update? Go online to sdmunicipalleague.org for a comprehensive list of updates since printing.
WANT AFFORDABLE HOUSING FOR YOUR COMMUNITY? START THE DISCUSSION WITH SDHDA AND TAKE THE NEXT STEP • Housing Needs Studies • Multifamily Housing Units • Single Family Homes • Home Rehabilitation
S O U T H
D A K O T A
D E V E L O P M E N T
A U T H O R I T Y
The State and Local Legal Center (SLLC) files Supreme Court amicus curiae briefs on behalf of the Big Seven national organizations representing state and local governments. *Indicates a case where the SLLC has or likely will file an amicus brief.
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