People v. Pinkett
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Pinkett was charged with aggravated fleeing or attempting to elude a peace officer after he failed to stop his motorcycle in response to police sirens and lights and traveled more than 21 miles per hour over the speed limit. Pinkett was ultimately arrested inside a Walmart. In opening statements, the prosecutor said that officers would testify that at Walmart Pinkett did not ask why he was being detained. Defense counsel unsuccessfully moved for a mistrial. At trial, the issue was whether Pinkett was aware of the officers attempting to stop him; there was testimony about noise levels, Pinkett's earplugs, and the lack of a rear-view mirror on his motorcycle. The arresting officer testified that he told Pinkett, ‘We need to walk out the store without making a scene,’ and he did it with no problem.” In closing arguments, the prosecutor said: “[Pinkett] doesn’t ask why he’s being detained. ... [Pinkett] has the right to remain silent … Don’t you think a normal person would say what’s this all about.”
The appellate court reversed Pinkett's conviction, finding that the circuit court erred in denying Pinkett’s motion for a mistrial because evidence of Pinkett’s silence during and after his arrest was only admissible for impeachment purposes whether the silence was before or after Miranda warnings. The Illinois Supreme Court affirmed, holding that the evidence was not so overwhelming that the error was harmless.
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