People v. Keener

In People v. Keener (1983) 148 Cal. App. 3d 73, four SWAT officers testified during the prosecution case-in-chief "to what can only be characterized as a siege of defendant's apartment," including "how they tried to coax Keener out of the apartment" and how he responded. (Id. at p. 78.) "Evidence of the siege was offered to show a consciousness of guilt; i.e., if defendant was not guilty he would have immediately surrendered." (Ibid.) Keener held that admission of evidence of the defendant's refusal to consent to a warrantless entry of his residence violated the privilege to be free from comment upon the assertion of a constitutional right. (Ibid.)