The Supreme Court Decided Your Silence Can Be Used Against YouAlexander Abad-Santos
The Atlantic Wire
Jun. 17, 2013
Finland: Man Thrown in Prison For Using "Excessive Self-Defense" Against Home Invaders
German Officials Respond to Migrant's Axe Attack by Calling for 'Mandatory Islam Classes'
'The Economist' Celebrates British People Becoming A Minority In Their Own Country
Black Lives Matter Protesters Block Bridge During Child's Medical Emergency
VIDEO: Purse Snatcher Throws 95yo Woman to the Ground, Breaks Her Teeth
A nation continues to wait for final word on the Supreme Court's Big Four cases this term — voting rights, affirmative action, DOMA, and Proposition 8 — but the justices' closest decision arrived first on Monday, in a 5-4 ruling on Salinas v. Texas in which the conservative members of the Court and Anthony Kennedy determined that if you remain silent before police read your Miranda rights, that silence can and will be held against you. Here's what that means.
Basically, if you're ever in any trouble with police (no, we don't condone breaking laws) and want to keep your mouth shut, you will need to announce that you're invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. "Petitioner's Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question," reads the opinion from Justice Samuel Alito, which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented.