SCOTUS says you must specify 5th amendment in order to stay silent to police
A nation continues to wait for final word on the Supreme Court's Big Four cases this term — voting rights, affirmative action, DOMA, and Proposition 8 — but the justices' closest decision arrived first on Monday, in a 5-4 ruling on Salinas v. Texas in which the conservative members of the Court and Anthony Kennedy determined that if you remain silent before police read your Miranda rights, that silence can and will be held against you. Here's what that means.
Basically, if you're ever in any trouble with police (no, we don't condone breaking laws) and want to keep your mouth shut, you will need to announce that you're invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. "Petitioner's Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question," reads the opinion from Justice Samuel Alito, which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented.
The Salinas case revolves around Genovevo Salinas, a man who was convicted of a 1992 murder of two brothers. Salinas was brought in for police questioning in January 1993. According to the dissenting opinion of Justice Breyer, he was called in to "to take photographs and to clear him as [a]suspect" and Salinas was questioned without being read his Miranda rights:
Because he was "free to leave at that time," [App.14], they did not give him Miranda warnings. The police then asked Salinas questions. And Salinas answered until the police asked him whether the shotgun from his home "would match the shells recovered at the scene of the murder [Id., at 17.] At that point Salinas fell silent.
That silence was then used against Salinas in court, and he was eventually convicted. But the bigger question in revisiting this 20-year-old murder case was whether or not prosecutors were allowed to point to that silence, and win a case using Salinas' own silence against him.
http://news.yahoo.com/supreme-court-decided-silence-used-against-161934950.html
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