CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Self-Incrimination Privilege
.........Comment on Exercise of Privilege
............D's Prearrest Silence
7 Cards On This Topic:

Any error related to admissibility of D's precustody/pre-Miranda silence reflected by her failure to keep interview appointments with a police investigator was harmless.

D's prearrest statements in which D discusses, but does not deny, crime may be offered as admission of guilt.

Prearrest silence may be commented upon unless court finds silence was invocation of Fifth Amendment rights.

Prearrest silence may be commented upon unless found to be invocation of Miranda rights.

No error in comment on prearrest (as opposed to postarrest) silence.

D's silence in face of accusation by private party admissible as adoptive admission; DA's comment thereon not misconduct.

Use of prearrest silence to impeach testifying D's credibility does not violate constitutional privilege against self-incrimination.