Also known as: silent partner
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A suspect's failure to respond verbally after receiving Miranda warnings during custodial interrogation. The failure alone does not invoke the Fifth Amendment right to remain silent. A clear and unambiguous assertion is required to invoke the right, and answering even one question can establish an implied waiver.
A situation in which Congress has enacted no statute on a subject, permitting executive action that does not usurp another branch's constitutional functions.
A suspect's failure to respond verbally after receiving Miranda warnings during custodial interrogation. The failure alone does not invoke the Fifth Amendment right to remain silent. A clear and unambiguous assertion is required to invoke the right, and answering even one question can establish an implied waiver.
Stella Shapiro was arrested and given Miranda warnings. She stayed quiet when officers asked about the robbery. After several minutes she answered one question about the getaway car. Her answer supplied probable cause for further charges.
A situation in which Congress has enacted no statute on a subject, permitting executive action that does not usurp another branch's constitutional functions.
Sydney Santos challenged an executive order on federal employee discipline. Congress had enacted no statute addressing the subject. The court upheld the order because it did not prevent another branch from performing its functions.
A court record containing no affirmative showing that a defendant understood the rights waived by a guilty plea.
Seth Shapiro pleaded guilty to theft. The transcript contained no questions or statements confirming he understood the rights he waived. The appellate court vacated the plea because the record was silent on the required advisements.
A court record containing no affirmative showing that a defendant understood the rights waived by a guilty plea.
Each sense below has its own examples, sources, and questions.
Skylar Sullivan was taken into custody at the station. Officers questioned her about the fraud scheme without first giving the required warnings. Her later statements were offered at trial. The court excluded them because no warnings preceded the interrogation.
Samuel Soto met with a federal agent who never disclosed the limits of his power. Soto relied on the agent's apparent authority and transferred funds. The later denial of authority came too late to avoid liability.
Stephen Shaw sought a commission that a statute did not expressly require the Secretary to deliver. The Court held that the legal right vested once the appointment was complete even though the statute said nothing about physical delivery.
No. Silence after warnings does not invoke the right. The suspect must make a clear and unambiguous statement asserting the right. Answering even one question can constitute a valid implied waiver.
Warnings must be given before any custodial interrogation begins. The warnings inform the suspect of the right to remain silent, that statements can be used in court, the right to counsel, and the right to appointed counsel if indigent.
A silent record is constitutionally inadequate. The record must affirmatively show that the plea was voluntary and intelligent and that the defendant understood the rights being waived.
…sought is not for performance of an act expressly enjoined by statute but to deliver a commission where the acts of Congress are silent. That difference does not affect the case. The applicant has a vested legal right which the Executive cannot deprive him of. The act of Congress may not order the Secretary to send it but…