Salinas v. Texas
2013 landmark decision of the U.S. Supreme Court / From Wikipedia, the free encyclopedia
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Salinas v. Texas, 570 US 178 (2013), is a landmark decision of the Supreme Court of the United States, which the court held 5-4 decision, declaring that the Fifth amendment's self-incrimination clause does not extend to defendants who simply choose to remain silent during questioning, even though no arrest has been made nor the Miranda rights read to a defendant.[1][2][3]
Quick Facts Salinas v. Texas, Argued 17 April, 2013 Decided 17 June, 2013 ...
Salinas v. Texas | |
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Argued 17 April, 2013 Decided 17 June, 2013 | |
Full case name | Genovivo Salinas v. Texas |
Docket no. | 12-246 |
Citations | 570 U.S. 176 (more) 133 S.Ct. 2174, 2180, 186 L.Ed. 376, 2013 U.S. LEXIS 4697 (2013) |
Argument | Oral argument |
Opinion announcement | Opinion announcement |
Case history | |
Prior | Texas Court of Criminal Appeals |
Subsequent | Found guilty of homicide and sentenced to 20 years of prison and a $5,000 fine; 368 S. W. 3d 550, 557-559 (2011), Texas Court of Criminal Appeals, affirmed; 369 S. W. 3d 176 (2012); Writ of Certiorari, Supreme Court of the United States, granted, 568 U.S. ___ (2013) |
Questions presented | |
Does the Fifth Amendment's Self-Incrimination Clause protects a defendant's refusal to answer questions asked by law enforcement before he has been arrested or read his Miranda rights? | |
Holding | |
Fifth Amendment's privilege against self-incrimination does not extend to defendants who simply decide to remain mute during questioning. | |
Court membership | |
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Case opinions | |
Majority | Alito, joined by Roberts, Kennedy |
Concurrence | Thomas, joined by Scalia |
Dissent | Breyer, joined by Ginsburg, Kagan, Sotomayor |
Laws applied | |
U.S. Const. amends. V |
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