Is the Failure to Give the Miranda Warning a Violation of Your Civil Rights?

A nurse who is accused of sexually assaulting a sedated patient was acquitted at trial, despite not having his miranda writes. The defence from the police officer said he could presume that if he had violated miranda, that the prosecutor or the trial judge would exclude the statement. But in and of itself, there's nothing in the constitution that says you must be warned about your constitutional rights. I mean, that's a pretty fun proximate cause argument, ain't it? Yes, that is interesting.