Monday, January 10, 2005
Breaking Case News: 8th Circuit Holds Custodial Pre-Miranda Silence Can Be Used in Prosecution's Case in Chief
The Eighth Circuit held on Friday in U.S. v. Frazier that a defendant's post-arrest but pre-Miranda silence can be used against him in the prosecution's case-in-chief. The defendant's silence in this case was particularly incriminating, because when the officer accused him repeatedly of criminal violations, he made no comment and showed no reaction.
Crime & Federalism Blog does an excellent job blogging this case, including excerpts from the opinion and a discussion of the law on this topic here. [Mark Godsey]