What is the standard for determining if there has been an impermissible comment on a defendant's right to remain silent at the time of his arrest?
MultiRegion, United States of America
The following excerpt is from U.S. v. Radcliff, 914 F.2d 264 (9th Cir. 1990):
"The standard for determining if there has been an impermissible comment on a defendant's right to remain silent at the time of his arrest ... is 'whether the statement was manifestly intended or was of such a character that a jury would naturally and necessarily take it to be a comment on the failure of the accused to [talk].' " United States v. Vera, 701 F.2d 1349, 1362 (11th Cir.1983), (quoting United States v. Deardon, 546 F.2d 622, 625 (5th Cir.), cert. denied, 434 U.S. 902 (1977)).
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