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WEITZEL v. STATE

No. 44, September Term 2004.

863 A.2d 999 (2004)

384 Md. 451

Mark Edward WEITZEL v. STATE of Maryland.

Court of Appeals of Maryland.

December 21, 2004.

Attorney(s) appearing for the Case

Anne K. Olesen (Jennifer P. Lyman, Community Legal Clinics of George Washington University Law School, Washington, DC, on brief), for petitioner.

Michelle W. Cole, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

RAKER, J.

In this case, we revisit the "tacit-admission" rule and the issue of the admissibility of pre-arrest silence in the presence of a law enforcement officer as substantive evidence of guilt. We shall hold that a defendant's pre-arrest silence in police presence is inadmissable under Maryland evidence law as direct evidence of guilt.

I.

On March 17, 2002, police and paramedics responded to a 911 call...

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