Commonwealth, Aplt. v. Molina, M.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice BAER.

We granted review in this case to consider whether a defendant’s right against self-incrimination, as protected by the federal and Pennsylvania constitutions, is violated when the prosecution utilizes a non-testifying defendant’s pre-arrest silence as substantive evidence of guilt. After reviewing this issue of first impression, to which the United States Supreme Court has not definitively spoken, we agree with the Superior Court, as well as several of our sister courts, that the use of pre-arrest silence as substantive evidence of…