Is there any case law where a defendant invoked his Fifth Amendment right to silence?

California, United States of America


The following excerpt is from People v. Soto, 157 Cal.App.3d 694, 204 Cal.Rptr. 204 (Cal. App. 1984):

The trial court concluded that defendant did not invoke his right to silence. Its ruling was based on a tape recording and transcript of the interrogation, and on conflicting testimony about related events which were not taped. We now must accept the version of the conflicting evidence which is most favorable to the People, and examine the tape and transcript of the interrogation, to determine independently whether defendant invoked his Fifth Amendment rights. (People v. Jackson (1980) 28 Cal.3d 264, 300, 168 Cal.Rptr. 603, 618 P.2d 149.)

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