Can a defendant's silence in response to custodial interrogation be used in the prosecution's case-in-chief?
California, United States of America
The following excerpt is from People v. Flores, E061151 (Cal. App. 2015):
It has also been held that, even when a defendant has not been given Miranda warnings, his or her silence in response to custodial interrogation (which defendant claims he was subjected to in this case) cannot be used in the prosecution's case-in-chief. (United States v. Velarde-Gomez (9th Cir. 2001) 269 F.3d 1023, 1028-1030.)
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