5th Amendment Protections Must Be Invoked, High Court Says

Law360, New York (June 17, 2013, 12:01 PM EDT) -- In a 5-4 decision, the U.S. Supreme Court ruled Monday that criminal suspects must explicitly invoke their reliance on the Fifth Amendment, saying constitutional protections against self-incrimination are not “self-executing” and cannot be implied by silence.

The plurality opinion, written by Justice Samuel Alito and joined by Chief Justice John Roberts and Justice Anthony Kennedy, affirmed the conviction of Texas man Genovevo Salinas, whose refusal to answer a question during a prearrest interview related to a double homicide was ultimately presented to a jury as evidence...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.