Commonwealth v. DiNicola

866 A.2d 329 (2005)

COMMONWEALTH of Pennsylvania, Appellant

v.

David Joseph DiNICOLA, Appellee.

Supreme Court of Pennsylvania.

Argued September 9, 2003.

Decided January 19, 2005.

Paula C. DiGiacomo, for the Com. of PA, appellant.

J. Wesley Rowden, Meadville, for David Joseph DiNicola, appellee.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION

Chief Justice CAPPY.

This appeal presents the question of whether Appellee's Fifth Amendment privilege against self-incrimination was violated by reference to his pre-arrest silence. This question is brought before our court by…