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Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court held that, unless and until a criminal suspect explicitly states that they are relying on their right to remain silent, their voluntary statements may be used in court and police may continue to question them.
A leading case on the right to silence in Canada is R. v. Singh, where a person in police custody invoked his right to silence 18 times yet was continually questioned. In a 5–4 majority, the Canadian Supreme Court ruled that there was no ancillary right under section 7 to have the police stop questioning a suspect after the asserted their ...
Individual rights; Freedom of religion; Freedom of speech; Freedom of the press; Freedom of assembly; Right to petition; Freedom of association; Right to keep and bear arms; Right to trial by jury; Criminal procedural rights; Right to privacy; Freedom from slavery; Due process; Equal protection; Citizenship; Voting rights; Right to candidacy ...
In that case, a police officer was compelled to make a statement or be fired, and then criminally prosecuted for his statement. The Supreme Court found that the officer had been deprived of his Fifth Amendment right to silence. A typical Garrity warning (exact wording varies between state and/or local investigative agencies) may read as follows:
Adverse inference is a legal inference, adverse to the concerned party, drawn from silence or absence of requested evidence. It is part of evidence codes based on common law in various countries. According to Lawvibe, "the 'adverse inference' can be quite damning at trial.
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.
Michigan v. Mosley, 423 U.S. 96 (1975), was a United States Supreme Court case in which the Court held that a criminal suspect's assertion of his right to remain silent after a Miranda warning does not preclude the police from re-Mirandizing him and questioning him about a different crime.
Knick v. Township of Scott, Pennsylvania, No. 17-647, 588 U.S. ___ (2019), was a case before the Supreme Court of the United States dealing with compensation for private property owners when the use of that property is taken from them by state or local governments, under the Due Process Clause and the Takings Clause of the Fifth Amendment to the United States Constitution.