CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Self-Incrimination Privilege
.........Comment on Exercise of Privilege
............Postarrest Silence: Pre-Miranda Warn.
6 Cards On This Topic:

If no Miranda warnings given, nor any required, evidence of accused's silence admissible to impeach a defense offered for first time at trial.

DA's comment on D's postarrest silence prior to Miranda warning is reversible error.

Accusatory statement need not be clearly accusatory to warrant admission of D's silence as adoptive admission.

Right of postarrest silence not violated by adoptive admission made by D in jailhouse conversation absent circumstances indicating D was relying upon right of silence.

Right of postarrest silence not violated by admission of D's adoptive admission made in jailhouse conversation where no circumstances indicated D relying upon right of silence.

Federal rule: Absent Miranda (or Miranda-type) warning, cross-examination of D re postarrest silence does not violate due process.