Do you still have the right to remain silent?
by Brent De La Paz
Everyone has heard of the “Miranda Rights” or “reading your rights.” Before an officer asks any questions, the law requires these rights to be read to a citizen. Once an officer read the Miranda Rights, the citizen had the right to remain silent. Despite all continued attempts to ask any questions, the right to remain silent could not be used against a citizen. Until now.
Salinas v. Texas was a case that came out of Texas and went to the U.S. Supreme Court. Their decision came out earlier this year. Police questioned Mr. Salinas before he was read his “Miranda Rights.” He answered some questions and the question he did not answer was used against him. His silence was used against him. Without dissecting it here, the end result now is a citizen must tell the officer he/she is invoking the right to remain silent. Let’s repeat that. You must now say you want to remain silent.
Read more in the October 2013 issue of S.A. Scene.