Do I think the 5th Amendment protects someone’s refusal to answer police questions when he hasn’t been arrested or read his rights?
In my opinion, no, the 5th Amendment does not protect you from questioning. The judges over the Salinas v. Texas court case decided that the 5th Amendment's advantage against self-incrimination doesn’t work for people who just decide to silence themselves while being questioned. You have to claim your 5th amendment right to be able to use it. That way, the authorities know what your intentions are and has notice enough to decide to either argue that point or give the immunity. The only exceptions to this is that the defendant did not have to take the stand during trial or failure to claim this advantage was due
In my opinion, no, the 5th Amendment does not protect you from questioning. The judges over the Salinas v. Texas court case decided that the 5th Amendment's advantage against self-incrimination doesn’t work for people who just decide to silence themselves while being questioned. You have to claim your 5th amendment right to be able to use it. That way, the authorities know what your intentions are and has notice enough to decide to either argue that point or give the immunity. The only exceptions to this is that the defendant did not have to take the stand during trial or failure to claim this advantage was due