Post Arrest Pre Miranda Silence Can Be Used Against You Calif Sup Ct
Richard Tom crashed into a car in 2007 and killed one of the occupants. He was tried and convicted of manslaughter. As part of its case, the prosecution brought up the fact that Tom hadn’t once inquired about the other car’s passengers at the scene of the accident. Though Tom didn’t bring the Fifth Amendment self-incrimination issue up on appeal, the Court of Appeal did, and reversed his conviction. So, was Tom’s Fifth Amendment privilege violated when the trial court admitted evidence that he “failed to inquire about the welfare of the occupants of the other vehicle”?...