Can a prosecutor cross-examine a defendant's post-arrest silence?
California, United States of America
The following excerpt is from People v. Rodriguez, B226370 (Cal. App. 2011):
Defendant claims the prosecutor's use of his post-arrest silence violates the rule set forth in Doyle v. Ohio, supra, 426 U.S. 610. In Doyle, the United States Supreme Court held that a prosecutor may not impeach a defendant's exculpatory version of events given for the first time at trial by cross-examining the defendant about his or her failure to have told police the story after receiving Miranda warnings.
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