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MIRANDA WARNINGS

Salinas v. Texas

in
Oral argument: 
April 17, 2013
Court below: 
Texas Court of Criminal Appeals

Police in Houston, Texas questioned Genovevo Salinas in 1992 during a murder investigation. Salinas answered all of their questions until the police asked whether he thought that casings found at the murder scene would match the shotgun the police found in his house. In response, Salinas remained silent. Later, he was charged with murder, tried, and convicted partially on the basis of evidence that he had remained silent during police questioning before he was arrested and given his Miranda warnings. Salinas claims that the Texas trial court should not have admitted evidence of his silence because of the Fifth Amendment privilege against self-incrimination. He argues that allowing evidence of his silence would violate the Fifth Amendment by forcing him to speak or have his silence used against him. The State of Texas argues that the evidence was appropriately admitted and outside the protection of Fifth Amendment privilege because Salinas’s silence was non-testimonial and the police questioning was non-coercive. The Supreme Court’s decision will determine the scope of the Fifth Amendment protection against self-incrimination and, more specifically, whether it extends to the protection of a defendant’s pre-arrest, pre-Miranda statements to the police.

Questions Presented: 

Whether or under what circumstances the Fifth Amendment’s Self-Incrimination Clause protects a defendant’s refusal to answer law enforcement questioning before he has been arrested or read his Miranda rights.

Issue

Do prosecutors violate an accused criminal’s Fifth Amendment’s right against forced self-incrimination when they use evidence of his silence against him even when the evidence comes from questioning conducted before he was taken into police custody?

Written by: 
Alexandra Cowen
Chanwoo Park
Edited by: 
Lisa Schmidt
Additional Resources: 

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Howes v. Fields (10-680)

in

Oral argument: Oct. 4, 2011

Appealed from: United States Court of Appeals for the Sixth Circuit (Mar. 5, 2010)

While Randall Fields was incarcerated, officers unaffiliated with the prison questioned him regarding activities unrelated to his incarceration. Fields made incriminating statements to the officers, and was convicted after these statements were admitted into evidence. The U.S. Court of Appeals for the Sixth Circuit granted Fields' petition for habeas corpus relief, holding that the state court decision was in conflict with clearly established Supreme Court precedent forbidding the admission of statements made without the protection of Miranda warnings. The Supreme Court granted certiorari to determine whether a prisoner is "in custody," and thus entitled to Miranda protections, any time the prisoner is separated from the general prison population and questioned. Petitioning Warden Carol Howes contends that habeas should not be granted because the state court’s decision is not in conflict with any clearly established precedent of the Supreme Court. In contrast, Respondent Fields argues that there is a clearly established rule granting Miranda protection to prisoners anytime they are isolated and questioned. Howes maintains that recognizing a Supreme Court precedent requiring Miranda rights to be issued any time a prisoner is questioned will grant prisoners greater protections than those given to ordinary citizens. Fields counters that requiring officers to issue Miranda warnings is essential to protecting prisoners’ Fifth Amendment rights.

J.D.B. v. North Carolina (09-11121)

in

Oral argument: Mar. 23, 2011

Appealed from: Supreme Court of North Carolina (Dec. 11, 2009)

MIRANDA WARNINGS, CUSTODIAL INTERROGATION, JUVENILES

Petitioner J.D.B. was a thirteen-year-old boy suspected of being involved in two break-ins. The police questioned him while he was at school without giving him a Miranda warning, and J.D.B. made incriminating statements. At his trial, J.D.B. moved to suppress those statements, arguing that he had been subjected to custodial interrogation under Miranda v. Arizona. Specifically, J.D.B. argued that a court should take account of his age when determining whether he was in custody. The North Carolina trial court and appellate courts all held that J.D.B. was not in custody for purposes of Miranda and allowed the statements into evidence. J.D.B. was convicted, placed on 12 months’ probation, and ordered to pay restitution. J.D.B. appealed to the Supreme Court, arguing that age should be a factor in determining whether he was in custody for Miranda purposes. North Carolina contends that age is a subjective factor and should not be part of the objective custody inquiry. This case will determine what personal characteristics should be considered when determining whether a subject is in custody, and, therefore, whether a Miranda warning is necessary prior to questioning.

Florida v. Powell (08-1175)

in

Oral argument: Dec. 7, 2009

Appealed from: Supreme Court of Florida (Sept. 29, 2008)

FIFTH AMENDMENT, RIGHT TO COUNSEL, MIRANDA WARNINGS, SELF-INCRIMINATION

Kevin Powell was arrested on suspicion of illegally owning a firearm and, after allegedly waiving his rights to counsel as required by Miranda v. Arizona, confessed during questioning. Powell was convicted on the basis of that confession. On appeal, Powell's conviction was overturned on the ground that the warnings read to Powell failed to adequately inform him of his right to have an attorney present during questioning. The Florida Supreme Court affirmed, holding that a suspect must be expressly advised of his or her right to have an attorney present while he or she is being questioned. The Supreme Court's decision will clarify Miranda’s requirements regarding advising a suspect of his or her right to counsel during questioning. This case will resolve a circuit split on the issue and affect law enforcement practices during interrogations.

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