Justices Question If Silence Before Arrest Can Show Guilt

Law360, Dallas (April 17, 2013, 9:34 PM EDT) -- U.S. Supreme Court justices on Wednesday questioned whether prosecutors can use a suspect’s refusal to answer police questions when he’s not under arrest as evidence of guilt at trial, or if defendants must expressly invoke Fifth Amendment rights to protect their silence.

The high court in January agreed to hear the appeal of a decision by the Texas Court of Criminal Appeals in a double-murder case where prosecutors described defendant Genovevo Salinas’ nonverbal response to a question about the gun used in the crime to a...
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