What Are Your Rights If You’re Stopped by the Police?

Even if you’ve done nothing wrong, being stopped by the police can be anxiety-inducing. If you say or do the wrong thing, you could land yourself in massive trouble. Before you’re forced to deal with this type of situation in isolation, you should work to understand your rights.

So what rights do you have if you’re stopped by the police? And what should you do if you’re ever detained or arrested?

The Most Important Principle

Before you read anything else, there’s one important principle you need to know: if you’re stopped by the police, you should say as little as possible. Depending on where you live and the circumstances of your interaction, you may be required to answer basic questions (like providing police officers with your name). But aside from those basic essentials, you shouldn’t talk to the police without a lawyer present.

According to criminal defense lawyer Brian Walker, “Regardless of whether you’re guilty, innocent, or unsure of your situation, the best course of action is to remain silent until you have a lawyer at your side. Otherwise, you run the risk of incriminating yourself – and possibly for a crime you didn’t even commit.”

You absolutely have the right to remain silent, and you don’t have to answer any questions about matters like where you’re going, where you’ve been, what you’ve been doing, or what your intentions are. You can assert your right to remain silent calmly and politely.

Your Rights If You’re Stopped by Police

You have several rights if you’re stopped or confronted by the police.

The right to remain silent. 

First and foremost, you have the right to remain silent and not answer any questions beyond basic personally identifying information. You can and should exercise this right.

The right to refuse a search.

You don’t have to consent to a search of yourself, your belongings, or your car, with a few exceptions. First, if the police suspect you may be carrying a weapon, they are allowed to pat you down. Second, if the police have probable cause (in other words, a reasonable suspicion that a crime has been committed or is being committed), they may be able to exercise a search. For example, if the officer smells the odor of marijuana in an area where it is illegal, they may be able to search your vehicle.

The right to refuse entry. 

If a police officer is at your front door, you do not have to let them in unless they have a search warrant. You are free to interact with the police officer through your door, though in some areas, you may be required to submit identification. If the police have probable cause or a search warrant, they may be able to force entry, but if they do not have either of these, you can refuse them entry.

The right to a lawyer.

If you’ve been arrested or detained, you have the right to hire and talk to a lawyer at any time. You can and should exercise this right, placing a call to your lawyer as soon as possible so you can get legal counsel. Everything you say to your lawyer is private and confidential, and cannot be used against you in court. Your lawyer can also observe proceedings and make sure none of your other rights are being violated.

The right to ask if you’re free to leave. 

Police officers may attempt to make you feel like you’re under arrest, without actually placing you under arrest or detaining you. At any point, you can ask police officers if you’re free to leave. If you are free to leave, you may leave; this is not a trick or a trap.

Additional Tips

These additional tips can help you stay safe when interacting with police officers:

Stay silent and ask for a lawyer. 

We’ve covered this ground already, but it bears repeating: stay silent and ask for a lawyer.

Remain calm and polite. 

Even if police officers are treating you rudely or poorly, it’s important for you to remain calm and polite at all times. If you fight back or antagonize the police, they may charge you with resisting arrest or intentionally try to retaliate against you.

Assert your rights consistently. 

While remaining calm and polite, assert your rights. Declare that you do not consent to a search. Assert that you want to remain silent. Insist upon getting a lawyer. Repeat these statements if necessary.

Keep notes of everything you remember. 

During and after your interaction with the police, keep notes of everything you remember. Even better, attempt to record your interactions. These details may be useful to you in the future.

Consider filing an official complaint. 

In some cases, it’s valuable to file an official complaint about the way you were treated, especially if you feel like your legal rights have been violated. A lawyer may be able to help you seek justice in some cases.

Regardless of whether you’ve actually committed any crimes, you have core rights when interacting with police officers, and you should do your best to exercise them. If you keep a level head and talk to a criminal defense lawyer as early as possible in your interactions, you can maximize your chances of leaving without any legal complications – or minimize potential penalties.