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Question

Case 4.2
An undercover security officer at chain supermarket located in New Jersey watches a suspicious male circling the liquor aisles with an empty shopping cart. The man waits for other patrons to leave the area and places four bottles of vodka inside his jacket. He then moves toward the exit. As he does so, he observes security at the door. He then picks up a bag of potatoes and proceeds to the cashier lanes. He pays for the potatoes and attempts to leave the store where he is stopped by security. Security confronts the man about the shoplifting and he begins to cause a scene. Police arrive on scene and the security officer advises them that the suspect had been observed concealing four bottles of vodka inside his jacket and was leaving the store without paying for them. The suspect responds by saying that he simply forgot about the vodka in his jacket. He produces the four bottles from his jacket. The security officer advises police that the entire event was captured on their surveillance systems. The officers ask the suspect for identification and he presents an out of state driver's license which appears to the officers to be altered. The police arrest the suspect and take possession of identification and the four bottles of vodka. The suspect, who has identified himself as Mark Smith, shouts that the arrest is unlawful. The security officer goes to the police station to provide a statement and a copy of the surveillance video. Once at headquarters, the police are able to confirm that the identification was fraudulent and the suspect's true identity was David Gray and that Mr. Gray had numerous outstanding warrants for similar charges throughout the state. While inventorying Mr. Gray's personal property, it was determined that he had only twenty dollars in cash and no credit cards, thereby having no means to have paid for the vodka, valued at eighty dollars a bottle. Additionally the suspect's jacket had several concealed interior pockets sewn into the lining.

During the trial the police officer testifies that the defendant knew he was guilty because he remained silent and refused to respond to Miranda warnings or standard booking questions after he was arrested. The defense attorney objects to the introduction of the defendant's previous silence based on _____.
a. impermissible inference
b. affirmative defense
c. writ of habeas corpus
d. permissible inference

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