They’re arguing that because he was talking to police BEFORE he clammed up about a shotgun matching up to ballistics, he waived his right. Apparently one must immediately claim the right before one can use it which freaking ridiculous.
Rights are extant. The 5th amendment is an affirmation of the right, meaning it acknowledges that it exists. No amount of legal or political wrangling can make it such that I can’t choose to shut my mouth at any time: before, during, or after questioning.
This is just retarded. The decline has been especially precipitous as of late. Not sure what the Obama admin is threatening SCOTUS with, but it’s been particularly bad.
You can revoke your right to remain silent any time during questioning. You don’t waive it by talking. You only waive it if you’ve been given the warnings, and then agree to talk. Then anything you say can and will be used against you. But once you start talking, you say “I don’t wanna talk to you no more” the questioning is over.