Whether the Fifth Amendment privilege against self-incrimination bars the prosecution from using a nontestifying defendant's post-arrest, pre-Miranda silence as substantive evidence of guilt

1. United States v. Martinez-Larraga517 F3D 258

   Fifth Circuit Court of Appeals · February 7, 2008

   “We also note that this court has not resolved, and there is a circuit split as to, whether the Fifth Amendment privilege against self-incrimination prohibits prosecution proof, as substantive evidence of guilt, of a nontestifying defendant’s post-arrest, pre-Miranda warning silence not in response to custodial interrogation.” — Acknowledges a circuit split

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