The Shotgun Shell Question

Two brothers were shot and killed in their home, and police recovered shotgun shell casings at the scene. Investigators asked a man to come to the police station; he went voluntarily, was not under arrest and was not given Miranda warnings. He answered most of their questions. But when an officer asked whether his shotgun would match the shells found at the scene, he fell silent, and officers said he showed visible signs of anxiety. He was released, but was later charged with murder on additional evidence. At trial, the prosecutor told the jury that his silence in response to the shotgun question suggested guilt. The defence argued that using his silence as evidence violated his Fifth Amendment privilege against self-incrimination.