Read the following excerpt from a US court opinion:
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that the error was plain, and (3) that the plain error affected his substantial rights.” United States v. Dazey, 403 F.3d 1147, 1174 (10th Cir.2005). “If all these conditions are met, a court reviewing the error may exercise discretion to correct it if the error seriously affects the fairness, integrity, or public reputation of judicial proceedings.” Id. ‘We conduct this analysis ‘less rigidly when reviewing a potential constitutional error.’ ” Id. (citing United States v. James, 257 F.3d 1173, 1182 (10th Cir.2001)). “It is well-established that a prosecutor may use a defendant’s pre-arrest silence to impeach the defendant’s credibility.” United States v. Chimal, 976 F.2d 608, 611 (10th Cir.1992) (citing Jenkins v. Anderson, 447 U.S. 231, 238, 240, 100 S.Ct. 2124, 65 L.Ed.2d 86 (1980) ). In the present case, the prosecutor
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What is the most suitable continuation to the opinion? Your options are:
A. holding that substantive use of prearrest silence is contrary to fifth amendment
B. holding references to a defendants lack of remorse violate the fifth eighth and fourteenth amendments
C. holding that impeachment by use of prearrest silence does not violate fifth or fourteenth amendments
D. holding that the government can use prearrest silence for impeachment purposes against a defendant because no government action induced the silence
E. holding that state constitution prohibits substantive use of prearrest silence
Reply with [A, B, C, D, E] only.