State of Florida, Petitioner v. Donna Horwitz, Respondent

Summary

The Court held that Florida's constitutional privilege against self-incrimination bars the State from using a non-testifying defendant's pre-arrest, pre-Miranda silence as substantive evidence of guilt. Independently, Florida evidentiary law excludes such silence because it is generally ambiguous, has limited probative value, and risks unfair prejudice. The Court approved the decision reversing Horwitz's conviction and remanded for a new trial.