Supreme Court To Hear Case Over Right To Remain Silent

Law360, Dallas (January 11, 2013, 7:52 PM EST) -- The U.S. Supreme Court on Friday agreed to take up a case that asks under what circumstances the Fifth Amendment’s self-incrimination clause can be used to refuse to answer law enforcement questions before a defendant has been arrested or read Miranda rights.

In Salinas v. Texas, the court will hear argument that prosecutors shouldn’t be able to use a defendant’s silence during pre-arrest questioning by police officers against him in trial because it threatens the power of the Fifth Amendment to protect a defendant’s silence and...
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