Free Republic

In a 5-4 decision the Supreme Court ruled today that a potential defendant’s silence can be used against him if he is being interviewed by police but is not arrested (and read his Miranda rights) and has not verbally invoked the protection of the Fifth Amendment.Tim Lynch at the Cato Institute explains that the Salinas v. Texas case was intended to be about whether prosecutors during a trial could cast aspersions on a defendant’s silence during questioning that took place prior to arrest — prior to the defendent being told he had the right to remain silent. Instead, the Supreme...

The Supreme Court says prosecutors can use a person’s silence against them if it comes before he's told of his right to remain silent. The 5-4 ruling comes in the case of Genovevo Salinas, who was convicted of a 1992 murder. During police questioning, and before he was arrested or read his Miranda rights, Salinas answered some questions but did not answer when asked if a shotgun he had access to would match up with the murder weapon. Prosecutors in Texas used his silence on that question in convicting him of murder, saying it helped demonstrate his guilt. Salinas appealed,...