[rocqua]

I recall a supreme court case where a suspect during an interview where in general he was talking, remained silent uppon being asked a (rather pertinent) question. This silence was brought as evidence.

The case before the court was that his silence was protected under the 5th, and thus could not be brought as evidence. It was ruled that, since he was already talking to police, and did not positively assert his 5th amendment right the 5th did not apply.

All of this is based solely on my recollection.