State v. Triplett, , ___ N.C. App. ___, 810 S.E.2d 404 (Feb. 20, 2018)

The trial court did not err by allowing the State to use the defendant’s post-arrest exercise of his right to remain silent against him. Here, there is no evidence in the record that the defendant was given Miranda warnings or that he ever invoked his right to remain silent. In fact, the evidence indicates that the defendant voluntarily spoke with officers after his arrest. Thus, he cannot demonstrate that his Fifth Amendment right to remain silent was improperly used against him at trial.

 

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