CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, June 17, 2013

Opinion allowing comment on silence during noncustodial questioning

The case is Salinas v. Texas. Justice Alito, joined by the Chief Justice and Justice Kennedy, concluded that comment was permitted because the suspect had not invoked his right to silence. Justice Thomas, joined by Justice Scalia, concluded that Griffin v. California should not be extended to silence during a precustodial interrogation. Justice Breyer, joined by Justices Ginsburg, Sotomayor, and Kagan, dissented.

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