[CodeToad]

My pleasure, Laz.

Salinas v. Texas
Docket: 12-246.
Opinion: June 17th, 2013.

Holding: When petitioner had not yet been placed in custody or received Miranda warnings, and voluntarily responded to some questions by police about a murder, the prosecution’s use of his silence in response to another question as evidence of his guilty at trial did not violate the Fifth Amendment because petitioner failed to expressly invoke his privilege not to incriminate himself in response to the officer’s question.

Judgment: Affirmed, 5-4, in an opinion by Justice Alito on June 17, 2013. Justice Thomas, joined by Justice Scalia, concurred only in the judgment. Justice Breyer filed a dissenting opinion joined by Justice Ginsburg, Justice Sotomayor, and Justice Kagan.

[Still Thinking]

Holding: When petitioner had not yet been placed in custody or received Miranda warnings, and voluntarily responded to some questions by police about a murder, the prosecution’s use of his silence in response to another question as evidence of his guilty at trial did not violate the Fifth Amendment because petitioner failed to expressly invoke his privilege not to incriminate himself in response to the officer’s question.

Whaaaaa? So you have to utter some magic incantation for silence not to be used against you? Shoot after this ruling, I'd think if you DID say you were standing on the 5th it could be used against you, because since the 5th provides protection from self-incrimination, then if you don't want to talk, then anything you had to say must then have been incriminating!