With no explanation, chose the best option from "A", "B", "C" or "D". a defendant's post-arrest, pre-Miranda silence violates a defendant’s Fifth Amendment rights. United States v. Velarde-Gomez, 269 F.3d 1023, 1029 (9th Cir.2001) (en banc) ("post-arrest, pre-Miranda silence cannot be admitted into evidence in the government’s case in chief’’); United States v. Moore, 104 F.3d 377, 386 (D.C.Cir.1997) ("It simply cannot be the case that a citizen’s protection against self-incrimination only attaches when officers recite a certain litany of his rights.’’); United States v. Hernandez, 948 F.2d 316, 322-23 (7th Cir.1991) (silence pre-Miranda cannot be used in the government’s case in chief). The Second Circuit has assumed, without expressly deciding, that the use of pre-Miranda silence is impermissible. United States v. Caro, 637 F.2d 869, 876 (2d Cir.1981) (<HOLDING>). The First and Sixth Circuits have gone even

A: holding without discussion that premiranda silence could not be used in the states caseinchief but finding the error harmless
B: holding that any error was harmless and thus not plain error
C: holding exclusion was harmless error
D: holding that an instructional error is harmless if no rational jury could have made its findings without also finding the omitted  fact to be true
A.