In the aftermath of the Salinas case, therefore, criminal suspects now have—for the first time in American history—a new reason why they must not simply remain mute when they are questioned by the police. If you simply say nothing in the face of police questions, unless you are in custody and under arrest, your silence can and will be used against you as evidence of your supposed guilt in a court of law. To avoid that possibility, you must speak up and specifically tell the police about your desire to assert your constitutional rights.
