What should I do if the police want to question me?

What Should I Do If the Police Want to Question Me?

Getting questioned by the police can be an intimidating and stressful experience. Many people don’t know their rights or how to respond. This article provides an overview of your rights and expert advice on how to handle police questioning.

You Have the Right to Remain Silent

The most important right to remember is your Fifth Amendment right to remain silent. This means:

• You do not have to answer any questions the police ask you.
• You should not feel pressured to talk to the police just because they want to speak with you.
• Anything you do say can be used against you, so it’s often wisest to say nothing.

Politely stating “I wish to remain silent” is perfectly legal and can prevent self-incrimination.

The Police May Still Question You

Even if you invoke your right to silence, the police might still continue asking questions. Important tips:

• Do not let this tactic shake your resolve – you have the right not to answer.
• Calmly repeat that you wish to remain silent or want to speak to an attorney.
• Do not argue, resist, or act belligerent – that may only escalate things.

Stay calm and stick to your right to silence.

You Don’t Have to Consent to Searches

The police may ask to search you, your car, or your home. Remember:

• You have the right to refuse consent for any search.
• If they say they have a warrant, ask to see it.
• If they try to pressure you, stand firm and politely refuse.

Never physically interfere with a search, but make it clear you do not consent.

Ask if You Are Free to Leave

To determine if you are being detained, ask the officer:

• “Am I free to leave?”
• “Am I under arrest?”
• “What crime am I suspected of?”

If they say you are free to leave, calmly walk away and say nothing more.

Don’t Run or Resist Police Orders

Never physically resist police, even if you believe they are violating your rights. This can lead to charges of resisting arrest or assaulting an officer. Instead:

• Comply with orders given during detention/arrest.
• Do not threaten officers or attempt to flee.
• Silently assert your rights if possible.
• Fight unconstitutional conduct in court later.

Resisting police is very likely to make things worse.

Request a Lawyer Immediately

If arrested or taken to the police station, immediately state:

• “I want to speak to an attorney.”
• “I do not wish to answer any questions without an attorney present.”

Then remain silent until your attorney arrives.

Never Lie or Provide False Documents

Never lie to the police or provide forged/false documents. This can lead to charges of:

• Obstruction of justice
• Perjury
• Making false statements

Lying or false documents never help and often make things much worse.

Police May Lie to Trick You

Police may lie and claim they have evidence they don’t actually have. They can also pretend to be sympathetic. Remember:

• Police are legally allowed to lie during investigations.
• Do not fall for threats or promises they make.
• Stick to your right to remain silent.

A skilled lawyer can later expose any police lies or misconduct.

Always Get a Lawyer if Charged

If arrested and charged with a crime, immediately hire a criminal defense lawyer or ask for a public defender. A lawyer can:

• Advise you on the recommended defense strategy.
• Protect your rights and prevent self-incrimination.
• Work to get charges reduced or dismissed.
• Defend you in court if charges proceed.

Never face criminal charges without competent legal counsel.

Record Interactions When Legal

If police want to question or detain you in a public place where recording is legal, try to:

• Politely state you are recording audio/video with your phone.
• Keep the phone visible and avoid obstructing officers.
• Do not secretly record if two-party consent is required.

Recordings can provide objective evidence of what occurred.

Watch What You Say Around Police

Anything you say around police may be used against you, even casual remarks. Be aware:

• Police can testify about statements you make to them without Miranda warnings.
• Don’t volunteer information or try to explain yourself.
• Even denying guilt can be used against you.

Say as little as possible; let your lawyer do the talking.

You Still Have Rights if Arrested

If arrested, remain calm. You still have important rights, like:

• The right to know why you are being arrested.
• The right to see the arrest warrant (if in your home).
• The right to remain silent and speak to a lawyer.

Politely assert and exercise your rights if arrested.

Special Rules for Non-Citizens

Non-citizens questioned by police have the same rights. But they should also:

• Not answer questions about immigration status.
• Not consent to searches.
• Carry valid immigration documents at all times.
• Say they want to speak to an attorney.

Any criminal issues can impact resident status. Get legal help immediately.

The Police Are Not Your Friends

Even if they seem sympathetic, police have a job to do. Remember:

• Police want information to make arrests.
• Nothing you say will likely help your case.
• Don’t fall for intimidation or attempts to befriend you.

You have the right not to speak to them. Use it.

Dealing With Police Is High Risk

Any encounter with police carries legal risks. Safest practices include:

• Stay calm and keep your hands visible.
• Do not resist orders during detention/arrest.
• Do not consent to any searches.
• Say you wish to remain silent.
• Ask for a lawyer immediately.

Carefully following these tips can help mitigate the risks.

Consult a Lawyer Before Talking

If police want to question you, immediately contact a criminal defense lawyer. An attorney can:

• Advise if you should agree to questioning or remain silent.
• Negotiate a voluntary interview rather than arrest/custody.
• Accompany you during questioning.
• Ensure police act properly and legally.

An attorney’s guidance can be invaluable when dealing with police.

Never Forfeit Your Rights

You should never feel compelled to abandon your constitutional rights when dealing with police. Smart strategies include:

• Politely stating you do not consent to searches.
• Calmly asking if you are free to leave.
• Saying you wish to remain silent.
• Asking for a lawyer before answering questions.

Exercising your rights requires being firm and steadfast, but non-confrontational.

Police Questioning Should Be Avoided

Ideally, declining to speak with police entirely avoids headaches. But if they insist:

• Remain silent, other than identifying yourself.
• Do not resist arrest physically.
• Invoke your right to counsel immediately.
• Let your lawyer handle things going forward.

Speaking without a lawyer rarely helps and often backfires.

Get Legal Counsel if Called In

If police call asking you to come in for questioning, be wary. Politely state:

• You will consult with counsel before deciding.
• You will have counsel accompany you if you do appear.
• You will not answer questions without an attorney present.

Voluntarily appearing without counsel is risky. Get legal advice first.

Avoid Police When Possible

It’s wise to avoid police encounters when you can. Suggestions include:

• Politely decline to answer questions if police approach you in public.
• Do not invite officers into your home or consent to search requests.
• Never resist arrest or flee, comply and then address misconduct later.
• If arrested, clearly invoke your right to remain silent!

Avoiding police interactions protects your rights and prevents self-incrimination.

References

[1] https://www.nolo.com/legal-encyclopedia/police-questioning-miranda-warnings-29930.html

[2] https://www.aclu.org/know-your-rights/stopped-by-police

[3] https://www.flexyourrights.org/faqs/when-can-police-ask-for-id/

[4] https://www.nolo.com/legal-encyclopedia/asserting-your-fourth-amendment-right-29800.html

[5] https://www.vice.com/en/article/mvkgnp/law-professor-police-interrogation-law-constitution-survival

[6] https://www.hg.org/legal-articles/invoking-your-rights-during-a-police-encounter-51614