Evidence

Adoption

Adoption is when one makes a statement that he did not say his own. It is admissible against an opposing party under FRE 801(d)(2)(B).

Adoption by Silence

For silence to constitute an adoption, the adopter must have:

  1. Heard
  2. Had an opportunity to respond
  3. Been in circumstances that called for a response
  4. Failed to respond

Silence is not an adoption after receiving a Miranda warning. Circuits are split as to whether it may be an adoption pre-Miranda.