Silence Is No Longer Golden: How Lawyers Must Now Advise Suspects in Light of Salinas v. Texas

Almost 70 years ago, Justice Robert Jackson made the following observation in Watts v. Indiana: “[A]ny lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances.”¹ But after the Supreme Court’s recent decision in Salinas v. Texas,² Justice Jackson’s once-stalwart advice could be tantamount to malpractice if police question a suspect in a noncustodial context. Silence is no longer golden.