State of New Jersey, Plaintiff-Respondent v. Lawrence A. Brown, Defendant-Appellant

Summary

The Supreme Court affirmed the Appellate Division, holding that a defendant’s pre‑arrest silence may be used for impeachment when no governmental compulsion is involved and that the trial court’s failure to give a limiting instruction was not plain error. The Court also reiterated that the Fifth Amendment does not bar such use of pre‑arrest silence. Justice ALBIN dissented, arguing that the majority’s rule erodes the state privilege against self‑incrimination and should be overruled.