Salinas v. Texas
Brief Details
- Case No.: 12-246
- Brief Filed: February 27, 2013
- Jurisdiction: United States Supreme Court
Key Topics in the Brief
Briefs
Prior Decision
Decision below 369 S.W.3d 176 (Tex. Crim. App. 2012).
Question Presented
Whether or under what circumstances the Fifth Amendment’s Self-Incrimination Clause protects a defendant’s refusal to answer law enforcement questioning before he has been arrested or read his Mirandarights.
Argument(s)
The Fifth Amendment applies prior to arrest. Using silence as evidence of guilt compels a suspect to incriminate himself. The right to remain silent protects the innocent. Use of pre-arrest silence allows for police abuse and skews the balance between the individual and the state.
Author(s)
Craig D. Singer and Jared L. Hubbard, Williams & Connolly LLP, Washington, DC; Jeffrey T. Green, Sidley Austin LLP, Washington, DC; and Angela Moore, Rogers & Moore, PLLC, Boerne, Texas.
