 The U.S. Constitution ’ s Fifth Amendment gives an individual suspected of crime a right not to be forced , by police or other government officials , into giving up evidence that would show he or she was guilty of a crime . Based on this constitutional prohibition against self @-@ incrimination and to prevent coerced testimony by police or other government officials , the Supreme Court ruled in Miranda v. Arizona that an individual who was being held by police and was not free to leave had to be told of his / her right to remain silent . After Berghuis , a subsequent case , Salinas v. Texas , considered a suspect who was not being held against his will by police officers , but who had instead agreed to accompany officers and discuss a case upon their request . It extended Berghuis by ruling that in such a situation and prior to any arrest , the individual was not required to be explicitly told about his / her right to remain silent under the Fifth Amendment . 
