The State of Washington v. Patrick Easter, .

Summary

The Washington Supreme Court held that the Fifth Amendment right against self-incrimination extends to pre-arrest silence, so the State violated Patrick Easter's rights when Officer Fitzgerald testified about Easter's silence and evasiveness at the accident scene and the prosecutor built closing argument around branding Easter a 'smart drunk.' Because Easter never testified, the impeachment line of cases did not apply, and the court rejected the State's argument that the privilege reaches only compelled, post-arrest statements. The court further held the error was not harmless beyond a reasonable doubt, since the untainted evidence on the direction-of-travel issue was contradictory and the silence evidence may have swayed the jury. All four vehicular assault convictions were reversed and the case remanded for a new trial.