![]() Why the Salinas Case is so Dangerous Poses a Threat to Your Constitutional RightsĪ famous United States Supreme Court Justice, Justice Jackson, once wrote: You Must CLEARLY Assert Fifth Amendment Privilege. TexasĪ witnesses failure to clearly, expressly and unambiguously invoke his right against self incrimination when that person is not in custody and is being questioned prior to arrest permits the State to use that silence as evidence of guilt at trial. Salinas argued that the DA’s use of the Defendant’s silence violated the Fifth Amendment. Salinas never denied he knew he was free to leave at any time and that nothing prevented him from asserting his right to remain silent and to refuse to answer the officer’s question on Fifth Amendment grounds.Īt the trial, the prosecutor argued that the accused’ silence was evidence of his guilt. Salinas answered certain of the officer’s questions but was silent for some important questions related to key evidence taken from the scene of the murder. Because Salinas was not arrested placed into custody during this part of the investigation the law does not require the police to “Mirandize him.” Again, because Salinas was not under arrest at the time of the questioning there is NO LEGAL REQUIREMENT for the police to read him his Miranda rights. TexasĪfter a homicide of two men brothers shot in their own home, the police questioned Salinas. ![]() In the absence of a pre-arrest clear and unambiguous assertion of the right to remain silent, the Supreme Court has ruled that a person’s passive refusal to answer questions CAN be used against that person at trial. ![]() One of those rights, the right to remain silent, requires the citizen to clearly assert during an investigation but before an arrest, something like “I take the fifth” or “I refuse to answer all questions.” The United States Supreme Court has now made it clear while the Constitution gives us certain critically important rights we need to know how to use them.
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