· 1/5/1981
United States v. Mario Herbert Gonzalez Caro
Citations
- 637 F.2d 869
- 1981 U.S. App. LEXIS 21251
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that prearrest silence cannot be used as substantive proof of guilt in the prosecution’s ease-in-chief
- holding that prearrest silence cannot be used as substantive proof of guilt in the prosecution’s case-in-chief
- holding that using the defendant’s pre-Miranda silence as evidence of guilt violated the Fifth Amendment
- noting in dicta “we have found no decision permitting the use of silence, even the silence of a suspect who has been given no Miranda warnings and is entitled to none, as part of the Government's direct case”
Source: CourtListener parenthetical corpus (CC0).
Judges: Friendly, Mansfield, Meskill
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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