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["Alan MacHett" <machett AT ibiblio.org>]

Here's a thought, and I'm simply hypothesizing (?) here...
Corrections welcome.

So, if I recall correctly, the police may hold someone for questioning for
up to 48 hours, right?  or 24?  whichever.  They can hold someone for X
hours for questioning without making an arrest.

According to the 1968 Terry ruling, a stopped suspect must offer at least
a minimum amount of information to the police.  This is being upheld again
with the Hiibel ruling.  In other words, Miranda doesn't apply until an
arrest is made.

So imagine this (laughably simple) scenario:

Officer: Alright, Sir, what's your name and what's going on here?

Fellow: I don't got to tell you nothin!

Officer: Well, yes you do sir.  I'm just trying to figure out--

Fellow: Ha! I know my rights!  I got the "right to remain silent."

Officer: Okay, but you're not under arrest.

Fellow: Huh?

Officer: You aren't under arrest, so you need to tell me your name and
what's going on here or I'm gonna haul you in for obstruction of justice.

[Banter continues.  Perhaps the officer takes the fellow downtown for his
X hours of questioning/pressure.  Eventually the fellow relents and gives
up his story...]

Officer: Okay, Mr. Sukkerdin, you're under arrest for [crime].  You have
the right to remain silent. [Officer thinks to himself, "But since we
already have your confession, that doesn't matter now does it?"]...