and smelled of alcohol. 6 . The officers were Officer Van Cleave and Sergeant Howell. 7 . "Custodial Interrogation” is generally defined as "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” Miranda, 384 U.S. at 444, 86 S.Ct. 1602. 8 . However, statements made in violation of Miranda are admissible for impeachment purposes if their "trustworthiness ... satisfies legal standards....” Mincey v. Arizona, 437 U.S. 385, 386, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978) (internal citations omitted). 9 . The First, Sixth, Seventh, and Tenth Circuits have definitively prohibited the pr come to different conclusions. See United States v. Love, 767 F.2d 1052, 1063 (4th Cir. 1985) (<HOLDING>); United States v. Frazier, 408 F.3d 1102, 1111
holding defendants postarrest premiranda silence to be admissible in the prosecutions caseinchief and therefore essentially holding a defendants prearrest premiranda silence to be admissible as well holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution holding that mere silence without a duty to speak will not constitute fraud recognizing that a 11 evidence must be relevant to be admissible holding that evidence of a defendants invocation of the right to remain silent ordinarily is not admissible at the defendants criminal trial