CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Self-Incrimination Privilege
.........Comment on Exercise of Privilege
............Postarrest; No Miranda
2 Cards On This Topic:
  • No Doyle error in DA's X-exam of D or comments to jury re post-arrest silence, made to show alibi alleged 2 mos later may have been fabricated: D never questioned nor Mirandized.
  • May not cross-examine D re postarrest silence, even if no Miranda warning given.