U.S. Supreme Court Delivers Blow to Fifth Amendment Right to Remain Silent During Police Questioning, Leaves Citizens With Burden of Knowing Rights

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Flyover-Press.com

via The Rutherford Institute

WASHINGTON, DC —In a blow to the fundamental right of citizens to remain silent, the United States Supreme Court has ruled that persons who are not under arrest must specifically invoke their Fifth Amendment privilege against self-incrimination in order to avoid having their refusal to answer police questions used against them in a subsequent criminal trial. In a 5-4 decision in Salinas v. Texas, the Court upheld the conviction of Genovevo Salinas, who was found guilty of homicide after prosecutors argued that Salinas’ silence during a police interview prior to his arrest was a “very important piece of evidence” and that only a guilty person would have remained silent when questioned about his connection to a crime. Justice Samuel Alito wrote in the majority opinion that Salinas “was required to assert the privilege in order to benefit from it,” even though a person questioned while…

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