Right to Remain Silent?

On June 17th, the Supreme Court of the United States ruled 5 to 4 to uphold the 1992 murder conviction of a Texas man named Genovevo Salinas (Full Story). He sat silently when the police questioned him about the shotgun shells that were found at the scene of the murder and traced to his shotgun. Prosecutors pointed to the defendant’s silence as evidence of his guilt.

In affirming the conviction of Genovevo, the Court’s majority Justices admitted that some suspects might think they had a right to sit silently. “Popular misconceptions notwithstanding,” the Constitution “does not establish an unqualified right to remain silent” said Justice Samuel A. Alito Jr. He also noted that prosecutors may not use a defendant’s silence in court as evidence against them.

The Miranda decision states that police must inform suspects of their rights only when they are taken into custody. In the Texas case, Genovevo Salinas was asked to come to the police station and willingly agreed to do so. Since it was agreed that the interview was noncustodial, the police were not legally required to read him his rights. The court ruled that although the suspect has a right to remain silent under the 5th Amendment, a suspect must invoke his rights and physically say that he wishes to remain silent.

At the Law Offices of Arash Hashemi, our team of expert criminal defense lawyers is dedicated to fighting aggressively for our clients’ rights. To schedule a consultation with a lawyer at our firm, call us at (310) 448-1529 or contact us online. Located in Westside Towers in LA, our office is minutes from Santa Monica, Beverly Hills, and Westwood and steps away from the Expo/Bundy Station. We have flexible hours and offer weekend appointments, and we will visit you in jail for consultation on your case.