The prosecutors say that because Salinas was not compelled to speak that they could have used his silence against him, but (in their view) the only truthful thi

The prosecutors say that because Salinas was not compelled to speak that they could have used his silence against him, but (in their view) the only truthful thing he could have said was that his shotgun would match, which would be self-incriminating. Why bother making "compelled to speak" a factor at all if it would be abused like that? Likewise Alito says that the Fifth Amendment right must be specifically exercised even before the Miranda warning to have any effect, once you've started speaking. What's the point of the Miranda warning then, if not to remind one of their Constitutional rights? Even refusing to talk to the cops is no longer enough now, since if you're not under arrest and they are not "compelling" you to speak there's no end to the questions that they can ask you where silence or self-incrimination are the only choices.