Hmm.... When they arrested him, did they inform him of his 5th amendment rights? I'll bet they did. The local Democrats may oblige you, but I think you'd be on thin ice with that argument in higher court.
If the police mirandized him and informed him of his 5th amendment right not to incriminate himself, how can they not assume that the 2nd, 1st and all the other amendments listed in the Bill of Rights dont apply to him as well?