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SCOTUS: Genovevo Salinas v. Texas

2013-06-19

In a case that defines why you should never talk to the police without council, Salinas, the petitioner was questioned when not in custody or Mirandized. After answering some of the officer’s questions about a murder, Genovevo Salinas stopped answering questions about whether ballistics testing would match his firearm. This silence was used at trial as evidence of guilt. Upon conviction it was appealed by State Court of Appeals and Court of Criminal Appeals which both affirmed.

The Supreme Court affirmed the judgment concluding that the petitioner’s Fifth Amendment was not expressly invoked when questioned by the officer.

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St Petersburg/Tampa Federal Criminal Defense Attorney Anne F. Borghetti

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Clearwater, FL 33762

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