Fletcher v. Weir

Supreme Court of the United States · 1982 · Evidence

EvidenceImpeachmentPost-arrest silenceDue Processpost-arrest silenceimpeachmentMiranda warningsdue process

Facts

During a nightclub parking lot fight, Buchanan pinned Weir to the ground, then got up and shouted that he had been stabbed; he later died of the wounds. Weir immediately left the scene and did not report the incident. At trial for intentional murder, Weir testified that he stabbed Buchanan in self-defense and accidentally, and this was the first time he offered that exculpatory account. On cross-examination, the prosecutor asked why, when arrested, Weir had not given that explanation to arresting officers or disclosed the location of the knife, and the record did not indicate that Miranda warnings had been given during the period of silence immediately after arrest.

Issue

Does the Fourteenth Amendment's Due Process Clause prohibit a State from using a defendant's post-arrest silence to impeach his trial testimony when the record does not show that Miranda warnings were given before that silence?

Rule

Absent the affirmative assurances embodied in Miranda warnings, it does not violate due process for a State to permit cross-examination about a defendant's post-arrest silence when the defendant takes the stand. In that circumstance, the State may leave to its judge and jury, under its own rules of evidence, the extent to which the silence impeaches the defendant's testimony.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Columbus, Ohio, Darnell Pike was arrested after a bar fight. Before any officer advised him of his rights, he said nothing about the incident; at trial, he testified for the first time that he struck the complainant only to protect himself from a knife.

If the prosecutor cross-examines Darnell about his failure to give that explanation immediately after arrest, which is the best constitutional analysis?

Explanation. The majority held that due process forbids impeachment with post-arrest silence only when the silence followed the affirmative assurances embodied in Miranda warnings. Arrest by itself is not enough. When the record shows no Miranda warnings during the relevant period of silence, the Constitution does not itself bar cross-examination; admissibility is left to state evidence rules.