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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.
The rights are: to remain silent, the right to have an attorney, the right to have access to some files coming from the criminal dossier, and the right to make contact to an attorney. The accused must co-operate in providing material which exists independent of the will of a suspect.
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.
Fourth Amendment rights and religious freedom were key arguments in the legal battle between the Texas AG and El Paso's Annunciation House.
However, neither the Fifth Amendment nor Miranda extend to pre-arrest silence, which means that if a defendant takes the witness stand at trial (meaning he just waived his Fifth Amendment right to remain silent), the prosecutor can attack his credibility with his pre-arrest silence (based on his failure to immediately turn himself in and ...
A spokesperson for the Public Interest Legal Foundation said in an email that the organization is "seeking a ruling that the US Constitution supports the right to a secret ballot and that right is ...
In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
A First Amendment attorney for FIRE told the Statesman that the school had the authority to arrest protesters who had created and fortified an encampment on campus.