Commonwealth v. Adams, S., Aplt.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice BAER.

We granted review to consider whether the right against self-incrimination, as protected by the United States and Pennsylvania constitutions, is implicated when a Commonwealth witness, such as an investigating detective, testifies without adverse implication that the defendant refused to answer questions prior to arrest. As previously observed in *602Commonwealth v. DiNicola, 581 Pa. 550, 866 A.2d 329, 336-337 (2005), and Commonwealth v. Whitney, 550 Pa. 618, 708 A.2d 471, 478 (1998), we reiterate that a mere reference to pre-arrest silence…