“In a 5-4 decision the Supreme Court ruled today that a potential defendant’s silence canbe used against him if he is being interviewed by police but is not arrested (and read his Miranda rights) and has not verbally invoked the protection of the Fifth Amendment.  The case was intended to be about whether prosecutors during a trial could cast aspersions on a defendant’s silence during questioning that took place prior to arrest — prior to the defendent being told he had the right to remain silent. Instead, the Supreme Court determined that they wouldn’t need to rule on the matter because the defendant had never invoked the Fifth Amendment’s protection.”

http://reason.com/blog/2013/06/17/supreme-court-rules-fifth-amendment-has

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