Slate: The Supreme Court Just Took Away Your Right to Remain Silent:
On Monday, in a case called Salinas v. Texas that hasn’t gotten the attention it deserves, the Supreme Court held that you remain silent at your peril. The court said that this is true even before you’re arrested, when the police are just informally asking questions. The court’s move to cut off the right to remain silent is wrong and also dangerous—because it encourages the kind of high-pressure questioning that can elicit false confessions.
The Supreme Court has ruled that the right to remain silent is ‘opt-in’ and has to be affirmatively asserted, even before you are detained or arrested and your rights are read to you. Otherwise, your silence can be held against you.
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