Is it a violation of due process and fundamental fairness to impeach a defendant's postarrest silence following a Miranda warning?

Nonetheless, the argument is without merit. "In Doyle, the United States Supreme Court held that it was a violation of due process and fundamental fairness to use a defendant's postarrest silence following Miranda warnings to impeach the defendant's trial testimony. [Citation.]" (People v. Collins (2010) 49 Cal.4th 175, 203.) Doyle does not apply where, as here, the conversation in which the defendant was silent involved a private party "absent a showing that such conduct was an assertion of [the defendant's] rights to silence and counsel." (People v. Eshelman (1990) 225 Cal.App.3d 1513, 1520.) In People v. Medina (1990) 51 Cal.3d 870, we held the jury could draw adverse inferences from the defendant's silence when his sister asked him why he shot the victims, because the "record [did] not suggest that defendant believed his conversation with his sister was being monitored, or that his silence was intended as an invocation of any constitutional right." (Id. at p. 890.)