[J-9-2013] [OAJC: Baer, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 58 MAP 2012 : Appellee : Appeal from the Order of the Superior : Court entered January 20, 2012 at No. : 2464 EDA 2009, vacating and remanding v. : the Judgment of Sentence of the : Delaware County Court of Common Pleas, : Criminal Division, entered July 14, 2009 at SHATAAN ADAMS, : No. 23 CR-0002312-2008 : Appellant : ARGUED: September 10, 2013

CONCURRING OPINION

MR. CHIEF JUSTICE CASTILLE DECIDED: November 20, 2014 I concur in the result reached by the Court on the basis of my Dissenting Opinion

in the companion case, Commonwealth v. Molina, __ A.3d __ (Pa. 2014). Because this

case involves a pre-arrest scenario, in my view, the reference to appellant’s pre-arrest

silence during the course of the police investigation did not impinge upon his

constitutional rights, irrespective of whether the prosecution later exploited the

reference. In the alternative, I agree with Mr. Justice Baer’s explanation of why the

reference at issue did not implicate the right to silence, even if such a right could be said

to obtain in the pre-arrest scenario.