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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.