You have the right to remain silent—but only when you claim it. This
is what the U.S. Supreme Court said in a ruling that was decided on June
17, 2013. The Supreme Court made a decision in the case Salinas v. Texas
that individuals being questioned in criminal cases are required to expressly
invoke their Fifth Amendment right to remain silent. And only in rare
situations, will simply remaining silent trigger the protections of the
Fifth Amendment. The bottom line is that if someone just remains silent,
the police can threaten to use that silence as evidence of guilt in later
Here is how the Salinas v. Texas story unfolds. According to information
from the Supreme Court opinion, two brothers were shot and killed in their
Houston home in 1992. The next day, certain clues led police to the home
of Mr. Salinas, who had been a guest at the party where the killings occurred.
Mr. Salinas turned over his shotgun for ballistic testing and agreed to
go with them to the station for questioning. He answered the officers'
questions and was cooperative. But, when he was asked if his shotgun would
match the shells recovered at the crime scene, he remained silent. The
officers went on to ask him other questions, which he answered. Years
later, when he was tried for murder, prosecutors used his silence in that
interview as evidence of his guilt. The jury found him guilty, and he
was sentenced to 20 years in prison.
Mr. Salinas appealed the case, arguing that he was not read his Miranda
rights and that prosecutors' use of his silence violated his rights
under the Fifth Amendment. Both the Texas Court of Appeals and the Court
of Criminal Appeals denied his petition and upheld the trial court's
decision. Next, the Supreme Court also denied his request to overturn
the trial court's decision. The Supreme Court gave multiple reasons
for its decision. It found, in accordance with the lower courts, that
individuals must actually claim the Fifth Amendment at the time of questioning
in order for their silence to not be used as evidence of guilt.
There are only two exceptions to this rule, as stated in the Supreme Court
opinion. First, when a defendant is on trial, he or she does not need
to take the stand in order to invoke his or her Fifth Amendment rights.
Second, a person does not need to invoke his or her Fifth Amendment privileges
in cases in which governmental coercion prevents him or her from voluntarily doing so.
According to the Supreme Court, the second exception does not apply to
Mr. Salinas because he voluntarily accompanied the police to the station
for questioning. Thus, he was not subject to such governmental "coercion"
since he was free to leave at any time.
The circumstances surrounding our Fifth Amendment rights are very complex.
It is crucial that individuals obtain legal representation before making
any statements to law enforcement. If you are going to be questioned by
police, or if you need help protecting your rights after such an interview
has occurred, make sure you get immediate legal help. Our
Houston criminal defense lawyers at Stornello & Correro Law Firm, PLLC tirelessly work to ensure that
our clients receive the highest level of protection possible.
Contact us to learn about our services!