by WARREN RICHEY (Christian Science Monitor)
The US Supreme Court agreed Friday to decide whether prosecutors can use an individual’s refusal to answer police questions as evidence of guilt at a subsequent trial if the silence came prior to being taken into police custody.
While the high court has long held that criminal suspects who are in police custody have a Fifth Amendment right to remain silent, the court has never decided whether a similar right protects interactions with police prior to an arrest.
Suspects are routinely advised in Miranda warnings that they have a right to remain silent. That right stems from the Fifth Amendment protection against being compelled to provide evidence against oneself at trial. [MORE]
Via Michael Charney