TexasCHLforum.com

baldeagle wrote:You never lose your right to remain silent and can invoke it at any time. Anything you say before that may be used against you in a court of law. Having said that, the advice on this varies. Generally I agree with the camp that says you should give the police the basic information they need; who, what, where and how, and then invoke your right.

For example, when you call 911 you state "I was just attacked by an armed robber. When he was distracted I drew my weapon and fired. He has been hit. I need the police and an ambulance as soon as possible at [your location]." When the police arrive, "I was walking eastbound on x street when this guy (point to him) came across the street, pointed a gun at me and said, 'Give me all your money." I got my wallet out and tossed it on the sidewalk. When he stooped to pick it up, I drew my weapon and fired. He went down, and I ordered him to stay where he was. My wallet is over there (point to it), and his gun is over there (point to it). At this point I'd like to invoke my right to legal counsel and to remain silent." Then follow the police orders but do not volunteer any more information.

Others will have other opinions.

Prosecutors argued that since Salinas was answering some questions – therefore not invoking his right to silence – and since he wasn't under arrest and wasn't compelled to speak, his silence on the incriminating question doesn't get constitutional protection.

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.'"