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Can Oscar's Silence When the Officer Confronted Him Be Used

Question 52

Multiple Choice

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.

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