What You DONT Say Might be Held Against YouJoe Wright The case stems from a 1992 double-murder where police questioned Genevevo Salinas who was reported to have attended a party of the deceased. After Salinas voluntarily agreed to answer questions of the attending police officers, he refused one question: whether shotgun shells that were found at the scene would match a gun taken from the apartment. Instead, officers would later testify that his body language answered for him: Salinas was later charged and sentenced to 20 years based on this evidence, and the testimony of a friend who said he confessed. The question then becomes if the constitutional right to remain silent extends to the pre-arrest phase of investigation. The New York Times highlights the crux of the case: It is Fishers interpretation that: However, a couple of commenters debate this at the source for this article, law news site ABA Journal: The final decision made by the Supreme Court could very well have wide ramifications in an age where pre-crime technology and screening seeks to ferret out mal-intent. Soon, it will not be merely the word of police officers about your strange behavior during questioning (even if they verbally or physically abuse you Id imagine), but whether or not you appear nervous in line at the airport, or exhibit subtle emotional markers that might indicate lying or the willingness to harm others. However, neither technology nor low-tech humans are 100% accurate; it seems that for this reason alone we are entitled to have a choice when asked a question by authorities. We would be wise not to shrug off what seems to be an obvious ruling on the side of common sense, as most of us could not have imagined that torture and indefinite detention without trial would be legitimized on foreign battlefields, but also fully upheld by the Supreme Court for its own citizens. You can read the full 26-page petition HERE (PDF)addressing the central question presented to the Supreme Court: We would love to hear comments from lawyers about what they expect in this ruling and the ramifications they see from a conclusion that sides with law enforcement. Please leave your comments below. Read other articles by Joe Wright Here 