Salinas V Texas
Mitch Carlson
Steve Russell
CRIM 331
Case Brief #1
Salinas v. Texas
Facts & History On the morning of December 18, 1992, two brothers were shot and killed in their Houston home. Police were called by a neighbor who heard the gunshots, and then seen a “dark colored” car fleeing from the house. It was later found out that defendant, Genovevo Salinas, was at the residence where the murders took place the night before December 18th. When officers went to Salinas’ house, they arrived to a dark blue vehicle that matched the witness’s account of the car. Police asked Salinas a few questions, he let the officers have his shotgun, and then the police asked him to come down to the station to answer a few questions so they could “clear him as a suspect.” Upon arriving at the station Salinas was brought into a room where the police would usually conduct interrogations. It was made clear to Salinas that he was free to leave at any time and his Miranda warnings were not read to him. In other words, it was clear that this was a “noncustodial interview.” The interview lasted approximately one hour. For most of the interview Salinas answered the officers questions, but when asked if his shotgun would match the shells recovered at the scene of the murder he instead fell silent, “looked down at the floor, shuffled his feet, bit his bottom lip, clenched his hands in his lap, and began to tighten up.” After a few moments of silence the officer asked a few more questions, to which the petitioner answered, and then the interview was over. After being held on unrelated charges prosecutors soon decided that they didn’t have enough evidence to prosecute and Salinas was released. A few days later a witness claimed to have heard Salinas confess to the killings. With this new evidence the prosecutors decided to try the case, but when officers went to arrest him he had absconded. In 2007, Salinas was discovered in the Houston area living under an assumed name. During his
Steve Russell
CRIM 331
Case Brief #1
Salinas v. Texas
Facts & History On the morning of December 18, 1992, two brothers were shot and killed in their Houston home. Police were called by a neighbor who heard the gunshots, and then seen a “dark colored” car fleeing from the house. It was later found out that defendant, Genovevo Salinas, was at the residence where the murders took place the night before December 18th. When officers went to Salinas’ house, they arrived to a dark blue vehicle that matched the witness’s account of the car. Police asked Salinas a few questions, he let the officers have his shotgun, and then the police asked him to come down to the station to answer a few questions so they could “clear him as a suspect.” Upon arriving at the station Salinas was brought into a room where the police would usually conduct interrogations. It was made clear to Salinas that he was free to leave at any time and his Miranda warnings were not read to him. In other words, it was clear that this was a “noncustodial interview.” The interview lasted approximately one hour. For most of the interview Salinas answered the officers questions, but when asked if his shotgun would match the shells recovered at the scene of the murder he instead fell silent, “looked down at the floor, shuffled his feet, bit his bottom lip, clenched his hands in his lap, and began to tighten up.” After a few moments of silence the officer asked a few more questions, to which the petitioner answered, and then the interview was over. After being held on unrelated charges prosecutors soon decided that they didn’t have enough evidence to prosecute and Salinas was released. A few days later a witness claimed to have heard Salinas confess to the killings. With this new evidence the prosecutors decided to try the case, but when officers went to arrest him he had absconded. In 2007, Salinas was discovered in the Houston area living under an assumed name. During his