BLOG BULLETS: Federal evidentiary rules place additional limits on use of a defendant’s silence, because, in the words of the Supreme Court, it’s “inherently ambiguous.” There’s a multitude of reasons an arrestee – or even a non-arrestee – may remain silent when confronted by law enforcement officers. Think about such possible reasons in your case, […]

BLOG BULLETS: Post-Miranda silence can’t be used to impeach a defendant who testifies at trial. But pre-Miranda silence, whether before or after arrest, can be used to impeach a defendant who testifies at trial. Presently pending in the Supreme Court is the question of whether pre-Miranda, pre-arrest silence can be used against a defendant even […]