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

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that a defendant's pre‑arrest silence may be used to impeach his credibility when no governmental compulsion is involved and that the trial court's failure to give a limiting instruction was not plain error. The Court relied on State v. Brown and State v. Burt and distinguished State v. Muhammad. Justice Albin dissented, arguing that the majority's approach undermines the state privilege against self‑incrimination.