“The Supreme Court on Friday agreed to consider whether a suspect’s refusal to answer police questions prior to being arrested and read his rights can be introduced as evidence of guilt at his subsequent murder trial.  Salinas’ lawyer argued that his client deserved a Fifth Amendment protection against self-incrimination, even though he had not been under arrest or read his rights under the landmark 1966 decision Miranda v. Arizona.  Last April, the 5th U.S. Circuit Court of Appeals upheld the conviction but noted that federal appeals courts are split as to whether ‘pre-arrest, pre-Miranda silence is admissible as substantive evidence of guilt.'”

http://www.reuters.com/article/2013/01/11/us-usa-court-silence-idUSBRE90A13P20130111

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