STATE v. SILVA

No. 21710-8-III.

81 P.3d 889 (2003)

119 Wash.App. 422

STATE of Washington, Respondent, v. Carlos Edgardo Roble SILVA, Appellant.

Court of Appeals of Washington, Division 3, Panel One.

December 23, 2003.


Attorney(s) appearing for the Case

Paul J. Wasson, Attorney at Law, Spokane, WA, Appellant.

Teresa J. Chen, Edward A. Owens, Grant County Prosecutor's Office, Ephrata, WA, Respondent.


SWEENEY, J.

With a few narrowly construed exceptions, the State may not use a criminal defendant's post-arrest silence as substantive evidence of guilt. Here, police induced Carlos Silva to begin talking by assuring him that he could assert his right to remain silent at any time without penalty. After Mr. Silva answered a few innocuous background questions, the interviewing detective summarized the incriminating facts surrounding...

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