The government may not use a non-testifying defendant's pre-arrest silence as substantive evidence of guilt and such use should not be limited to those in custody or charged with a crime; such silence may also not be used against a defendant who remained silent during the investigation of a crime. Convictions reversed and judgment of sentence vacated.
November 22, 2011 at 10:00 AM
1 minute read
Commonwealth v. Molina, PICS Case No. 11-4447 (Pa. Super. en banc Nov. 9, 2011) Ford Elliott, P.J.E.; Stevens, P.J., dissenting (44 pages).
The government may not use a non-testifying defendant’s pre-arrest silence as substantive evidence of guilt and such use should not be limited to those in custody or charged with a crime; such silence may also not be used against a defendant who remained silent during the investigation of a crime. Convictions reversed and judgment of sentence vacated.
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