I actually probably agree with the ruling in this case. Person was being questioned by the police (but was not under arrest, and thus not subject to the Miranda ruling). He was chit-chatting freely, until they asked him if they thought his shotgun would match the murder weapon. Then he clammed up, and was subsequently arrested. The SCOTUS majority said it was okay for that conversation to be raised by the prosecutors because it was voluntary on the suspect's part.
It does seem to indicate, though, that if you are being interviewed by the police, you should always be aware that anything that is said (or not said) up until the time you are arrested can be used against you. Including, of course, your refusal to discuss anything with the police, which, while not illegal, may be spun by the DA in a manner not to your liking.
US Supreme Court says prosecutors can use person’s silence against them
The Supreme Court says prosecutors can use a person’s silence against them if it comes before he’s told of his right to remain silent
58 view(s)
I saw some boilerplate text for refusing a "mind if we look in your trunk" that might be worth memorizing. It was along the lines of, "with all due respect to you, officer, I refuse solely because it's my right to do so and not as an admission or indication of guilt of any kind."
Something like "This friendly conversation appears to be moving into an investigation of a serious nature. You have not indicated that I am being detained, so I think I'll end it here. Have a nice day officers". You could then leave or would be properly detained and read your rights. Either way, you're in a much better position.
Or, even if you aren't familiar with the U.S. Constitution, at least learn the first eight Amendments. Alito's statement bears repeating:
= = =
Salinas' "Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question," Justice Samuel Alito said. "It has long been settled that the privilege `generally is not self-executing' and that a witness who desires its protection `must claim it."'
= = =
Even if a future court disagrees, it's good for a citizen to instinctively know that "taking the Fifth" does not involve the consumption of alcohol.