Image from a quicklink (Image by Unknown Owner) Details DMCA | "Instead, three justices, Alito, Kennedy and Chief Justice Roberts, found that Salinas's challenge to his conviction failed because he did not expressly invoke the Fifth Amendment privilege. The plurality relied on prior decisions holding that to ensure that the Fifth Amendment was not being asserted too broadly and to allow the government to challenge an assertion or overcome it by granting immunity, a witness must expressly invoke the right to obtain its benefits. The plurality reasoned that there could be many explanations for silence in the face of questioning, and if the witness's reason was the Fifth Amendment, he was obligated to say so. The plurality's view carried the day because two other justices, Scalia and Thomas, took an even narrower view of the protections of the Fifth Amendment." |