# Salinas v Texas: "What you don't say may be used against you" or "Why do we even have Miranda laws?" **URL:** \ **Category:** Great Debates\ **Created:** [June 18, 2013, 5:12pm UTC](https://boards.straightdope.com/t/salinas-v-texas-what-you-dont-say-may-be-used-against-you-or-why-do-we-even-have-miranda-laws/661287 "2013-06-18T17:12:25Z")\ **Posts on this page:** 4\ **Page:** 6
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [June 26, 2013, 9:32pm UTC](https://boards.straightdope.com/t/salinas-v-texas-what-you-dont-say-may-be-used-against-you-or-why-do-we-even-have-miranda-laws/661287/101 "2013-06-26T21:32:38Z")
> [@Bricker](#): > > Wow, man, mind-blowing. > > The solution to this daunting paradox is: not everything you say can be used against you. Specifically, the invocation of the right to silence cannot itself be used against you; the prosecutor cannot even mention it at trial. That’s not a solution, because that’s not what it says. “You have the right to remain silent. **Anything** you say **can and will** be used against you in a court of law,” (bolding mine). I should surprised you of all people, who claim to be a textualist, are making this argument. You’re the one that says that words mean what they mean. But, it’s not surprising, since, as I said, the study of law and logic don’t go together. You haven’t even been taught that you need to be consistent with your assertions. You’re taught the opposite, to argue whatever flaws you can find, even if it contradicts what you’ve said before. That’s providing a rigorous defense. The point is that you have the right to remain silent has now been proven false. You do not have the right to remain silent. You have a right to tell people that you want to remain silent, otherwise even your silence can and will be used against you in a court of law. Not just anything you say. Of course it’s not mindblowing to you if you invalidate one of the premises. I can’t help it that you haven’t been trained to notice when you yourself move the goalposts. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [June 26, 2013, 9:52pm UTC](https://boards.straightdope.com/t/salinas-v-texas-what-you-dont-say-may-be-used-against-you-or-why-do-we-even-have-miranda-laws/661287/102 "2013-06-26T21:52:08Z")
> [@jtgain](#): > > I don’t believe this is correct. When you are in custody, you are also always seized, but the reverse isn’t true. You can be seized, but not be in custody. > > For example, a traffic stop or a Terry stop. You are seized, but aren’t considered to be in custody since your detention is brief (or so you hope). No, IMO, you are in custody, as you are not free to go, e.g. Berkmer v. McCarty/Pennsylvania v. Bruder, in custody, but not custodial for PURPOSES of Miranda only. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [June 26, 2013, 10:06pm UTC](https://boards.straightdope.com/t/salinas-v-texas-what-you-dont-say-may-be-used-against-you-or-why-do-we-even-have-miranda-laws/661287/103 "2013-06-26T22:06:07Z")
> [@BigT](#): > > That’s not a solution, because that’s not what it says. “You have the right to remain silent. **Anything** you say **can and will** be used against you in a court of law,” (bolding mine). There is no “it”. Miranda warnings vary between jurisdictions, and are not controlling law. They are guidelines based on, but not directly taken from, the language of Miranda v. Arizona and its progeny. ---
**Author:** ![Among\_Liberals](https://avatars.discourse-cdn.com/v4/letter/a/6f9a4e/32.png) [@Among\_Liberals](https://boards.straightdope.com/u/Among_Liberals)\ **Post date:** [June 27, 2013, 1:09am UTC](https://boards.straightdope.com/t/salinas-v-texas-what-you-dont-say-may-be-used-against-you-or-why-do-we-even-have-miranda-laws/661287/104 "2013-06-27T01:09:49Z")
> [@Saint\_Cad](#): > > Especially when I know that when people ask police, “Am I free to go?” and rather than saying yes, the cop will (legally) ask more questions, ask them why they want to leave, what do you have to hide, etc. If you ask a cop if you can leave and he answers anything other than, “Yes.” what would most people do? How long can a cop ask you “where are you going” on loop before he has to let you go? EDIT: To be sure, I am asking out of ignorance. [Previous page](https://boards.straightdope.com/t/salinas-v-texas-what-you-dont-say-may-be-used-against-you-or-why-do-we-even-have-miranda-laws/661287.md?page=5)