Commonwealth v. Adams, S., Aplt. (concurring)

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[J-9-2013] [OAJC: Baer, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : SHATAAN ADAMS, : : Appellant : No. 58 MAP 2012 Appeal from the Order of the Superior Court entered January 20, 2012 at No. 2464 EDA 2009, vacating and remanding the Judgment of Sentence of the Delaware County Court of Common Pleas, Criminal Division, entered July 14, 2009 at No. 23 CR-0002312-2008 ARGUED: September 10, 2013 CONCURRING OPINION MR. CHIEF JUSTICE CASTILLE DECIDED: November 20, 2014 I concur in the result reached by the Court on the basis of my Dissenting Opinion in the companion case, Commonwealth v. Molina, __ A.3d __ (Pa. 2014). Because this case involves a pre-arrest scenario, in my view, the reference to appellant’s pre-arrest silence during the course of the police investigation did not impinge upon his constitutional rights, irrespective of whether the prosecution later exploited the reference. In the alternative, I agree with Mr. Justice Baer’s explanation of why the reference at issue did not implicate the right to silence, even if such a right could be said to obtain in the pre-arrest scenario.

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