WASHINGTON (AP) — The Supreme Court will decide whether prosecutors can use a suspect’s silence against in him in court if it came before police read him his rights.

The high court will hear an appeal by Genovevo Salinas, who was convicted in a 1992 murder. During police questioning, and before he was arrested or read his Miranda rights, Salinas did not answer when asked if a shotgun he had access to would match up with the murder weapon.

Prosecutors used his silence against him at trial, saying it demonstrated guilt. Salinas was convicted and appealed, saying his Fifth Amendment rights to stay silent should have kept lawyers from using his silence against him in court.

Texas courts disagreed, saying pre-Miranda silence is not protected by the Constitution. Justices will review that decision.

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