You always have your rights... it's just a question of if and how you exercise them.
The difference here is the guy who went to talk to the police on his own (ie voluntarily) vs being arrested (ie unwillingly).
The court ruled that in the prior, you have to make an affirmative statement as to you exercising your 5a rights.
Still bullshit to me. The fact that not explicitly stating that one is exercising one's rights implicitly means forgoing them? Does this mean that if I don't affirm my right to free speech or a fair trial that I cannot speak freely or will not get a fair trial? From the article:
Prosecutors argued such silence does not have constitutional protection because of the other questions Salinas had answered and since he was not under arrest and was not compelled to speak. A plurality of the Supreme Court affirmed for Texas Monday, noting that Salinas never expressly invoked the privilege when the officer asked about the shells. It has long been settled that the privilege 'generally is not self-executing' and that a witness who desires its protection 'must claim it...
So rights are a privilege now to be dictated by loose wording and interpretation...fuck. that. shit....oh wait...should be old news in light of all the other bullshittery USDOJ spews.