““[a]n individual’s Fifth Amendment right against self-incrimination is implicated only during a custodial interrogation.” Murray v. Earle, 405 F.3d 278, 286 (5th Cir. 2005)””
Yup, but still keep your mouth shut if you are in or out of custody or what you may believe or not believe to be ‘custodial interrogation.’
If things get dicey the only word you say is “Lawyer.”
Cops and prosecutors routinely use statements made BEFORE arrest/Miranda in criminal cases.
Nah. Refusing to answer is refusing to cooperate. That’s gets you cuffed until they find out what is going on.