Page 170 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

Task: Questioning of Non-Custody Suspect

Salinas v. Texas, 133 S.Ct. 2174 (2013).

•Where a suspect is NOT in-custody and has not asserted any

privilege, a prosecutor may comment on the suspect’s reactions to law

enforcement’s questions, including a suspect’s silence.

•Officers and Investigators who find themselves in this situation should

document all responses; lack of responses; and body language which

occurs during such questioning as the prosecution may use silence and

reaction which tends to show evidence of guilt in the prosecution’s

case.

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