Legal Opinion

Raymond R. Fowle v. United States

Court of Appeals for the Ninth Circuit

Decided April 14, 1969No. 21074_1PublishedCited by 104 opinions

1Opinion of the Court

ELY, Circuit Judge:

We dispose of this appeal by answering, in the negative, the one significant question which is presented. It is: “May the silence of an accused at the time of his arrest, chosen in the exercise of his privilege against self-incrimination, be used against him by the prosecution if, during his trial, he testifies in his own defense?”

Appellant was charged in a five-count indictment with having violated certain federal statutes proscribing the illegal possession and sale of heroin and cocaine. See 21 U.S.C. § 174; 26 U.S.C. § 4705(a). He appeals from the judgment of conviction…

2Cases cited34 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Simmons v. United StatesSupreme Court of the United States · 1968
  3. Griffin v. CaliforniaSupreme Court of the United States · 1965
  4. Griffin v. CaliforniaSupreme Court of the United States · 1965
  5. Johnson v. New JerseySupreme Court of the United States · 1966

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3Cited by104 opinions

  1. United States v. HaleSupreme Court of the United States · 1975
  2. United States v. Frank Stearns GieseCourt of Appeals for the Ninth Circuit · 1979
  3. Dorman v. StateAlaska Supreme Court · 1981
  4. Commonwealth v. HaidemanSupreme Court of Pennsylvania · 1972
  5. Luis Albert Alicea v. John R. Gagnon, Superintendent, and the Attorney General of WisconsinCourt of Appeals for the Seventh Circuit · 1982

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