Evidence – Pre-Arrest Silence 

Posted: 1:00 am Mon, March 15, 2010
By admin
Tags: Evidence

Testimony in the state’s case-in-chief concerning the accused’s pre-counseled, pre-arrest, and pre-Miranda silence is not admissible because it vitiates a criminal defendant’s constitutional guarantee of the right to remain silent.We also conclude that the error was not harmless beyond a reasonable doubt because the state did not have a strong case. Reversed ...