Salinas, Genovevo

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that in pre-arrest, pre- Miranda circumstances, a suspect’s interaction with police officers is not compelled
• holding “that pre-arrest, pre-Miranda silence is not protected by the Fifth Amendment right against compelled self-incrimination”
• holding “that pre-arrest, pre-Miranda silence is not protected by the Fifth Amendment right against compelled self-incrimination”
• noting that Fifth Amendment states that no person “shall be compelled in any criminal case to be a witness against himself” and that Supreme Court has “interpreted this as prohibiting the State from commenting on a defendant’s refusal to testify at trial”
• “[T]he Supreme Court has held that pre-arrest, pre-Miranda silence can be used to impeach a defendant who testifies.”
• “The State does not violate a defendant’s Fifth Amendment rights, however, by cross-examining a defendant as to post-arrest, pre- Miranda silence when a defendant chooses to testify.”

Source: CourtListener parenthetical corpus (CC0).