Page 167 - Original 2020 Legal Guide By Jack Ryan

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.

©2020 Jack Ryan Legal & Liability Risk Management Institute 166