So, in your opinion - if I understand correctly - soldiers in a war must give Name, Rank and Serial Number - but people who are caught in the commission of a crime need not say anything? Does that apply to US Citizens, or illegals too? How do you suggest we tell the difference? Who do we take to court? He's not being tortured; he simply has to say "My name is ...." and he'll likely be free to go.
I say follow the Constitution. 4th and 5th apply.
Soldiers are not being questioned by US police forces so it is BS that you even bring that up.