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An admission by silence is where a party fails to respond to or makes a vague response to an accusatory statement and that statement is one that a reasonable person would have unequivocally denied. The requirements before an implied admission by silence can be used as evidence are: (1) The statement must be heard and understood by the party. The party must be present and capable of understanding. (2) The party was physically and mentally capable of denying the statement. (3) The party had the opportunity and the motive to deny, or a reasonable person would have denied the accusatory statement under the circumstances. Depending on the situation, the use of an implied admission by silence could violate the privilege against self-incrimination. It probably would not if it were made before adversarial proceedings were commenced or made while in the custody of a private person with no police present.

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