U.S. Supreme Balks On Fifth Amendment Case

by Paul Siciliano


On Monday, the Supreme Court published its opinion in Salinas v. Texas .  The question for the court was whether the prosecution could use a defendant's assertion of the privilege against self incrimination during a non-custodial interview as part of its case in chief.

Instead, the Court found that Salinas never asserted his Fifth Amendment right so he was no entitled to its privileges.  For the plurality, mere silence alone in the face of a question is not an assertion of Fifth Amendment rights.  More here