Oscar Is on Trial for Beating Lola, His Wife

Oscar is on trial for beating Lola, his wife. Pat, a neighbor who saw Oscar hitting Lola, called the police. The violence escalated while Pat was talking to the 911 operator and Pat screamed, "He's going to kill her!" Lola was taken to the hospital. The officer confronted Oscar and asked him why he did it. Oscar did not answer. Five minutes later the officer arrested Oscar. The next day a police officer interviewed Lola and she made the following statement, "Oscar hit me because he was drunk. He does that all the time, but this time it was worse." Can Oscar's silence when the officer confronted him be used against him?

A) Yes, failure to deny an allegation is admissible as an adoptive admission.
B) Yes, he was not in custody so Miranda does not apply.
C) No, failure to respond when confronted by an authority figure does not qualify as a tacit admission.
D) No, Oscar has a Fifth Amendment right to remain silent.