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Adoptive admissions rule is a principle of evidence law that a statement that is against an accused is not inadmissible hearsay if the accused is aware of the statement and has indicated acceptance that the statement is true. The adoptive admission may be oral or written or by conduct. Silence can normally be interpreted as an adoptive admission, but not when the circumstances lend themselves to an inference that the defendant was relying on the right of silence guaranteed by the Fifth Amendment to the United States Constitution.
Federal Rules of Evidence 801(d)(2)(B) provides that a statement is not hearsay if the statement is offered against a party and is a statement of which the party has manifested an adoption or belief in its truth The burden of showing the manifestation is on the party offering the evidence. [Pilgrim v. Trustees of Tufts College, 118 F.3d 864, 870 (1st Cir. Mass. 1997)]
The adoptive admission rule requires at a minimum that the accusations be made under circumstances which fairly afford an opportunity to hear, understand, and to reply. [People v. Jennings, 112 Cal. App. 4th 459 (Cal. App. 4th Dist. 2003)]