Do I have to Talk to the Police? Your Rights Explained
Many people believe that cooperating fully with police will help them explain their actions and avoid getting in trouble. In reality though, talking to the police almost always has the opposite effect and causes more harm than good, even when you haven’t done anything wrong.
What you’re actually required to do when police talk to you depends on each unique situation.
You Have the Right to Remain Silent
Under the Fifth Amendment, you have the right to remain silent and this applies to:
Being stopped on the street
Police coming to your home
Being questioned at the police station
After getting arrested
You do not need to answer questions beyond basic identification in most situations.
A simple, clear statement is enough to exercise this right:
Example: “I choose to remain silent and would like to speak with an attorney.”
Once you say these words, police should stop questioning you. Police officers have no benefit to continuing to try to question you after exercising your rights, because if the case goes to court, any questioning after you exercise your rights will likely get thrown out as inadmissible. Police officers handle these situations every day and generally do not want to violate individuals’ rights as it, at the very least, reflects poorly on them and their department when the case goes to court and is evaluated by attorneys and judges.
Do You Have to Talk to Police During a Traffic Stop?
During any traffic stop in Connecticut:
You must provide your license, registration, and insurance when asked
You do not need to answer questions about where you’re going, where you are coming from, whether you’ve been drinking, etc.
You can politely decline to answer questions.
Example: “I prefer to not answer any questions.”
In summary, it is always good to be as polite as possible with law enforcement, however, that doesn’t mean you need to be talkative and provide the officer with additional information beyond what’s necessary.
Do You Have to Talk to Police at Your Home
If police come knocking on your door, it may be for a variety of reasons such as:
Responding to a welfare check call
Responding to an emergency 911 call
Investigating a crime
Following up on a previous incident
Complaints made by neighbors
Serving a warrant
Mistaken address or identity
Law enforcement go to homes everyday for a wide range of legal reasons as part of their jobs.
If police come to your door:
You don’t need to open the door unless they have a warrant to search or for arrest
You don’t need to answer any questions
You don’t need to let them inside without a warrant or consent
You can simply ask:
“Do you have a warrant?”
If the answer is no, you can decline to answer questions, open the door, or allow them inside.
It is not a good idea to be rude to police officers when they arrive at your home, demand that they leave, or argue about the legality of them being on your property. If you interfere with police and their investigation, you could be arrested and charged with interfering. This does not mean, however, that you need to answer their questions.
What If Police Say, “You’re Not in Any Trouble”?
When police stop you or arrest you and try to question you, it is common for them to try and get you comfortable by saying something like “don’t worry, you’re not in any trouble” or “we just want to clear things up.”
These statements are commonly used investigative tactics that police are taught to use in the academy. Even if you’re not current under arrest or a suspect of a crime, anything you say can still be used against you later.
What Happens If You Ask for a Lawyer?
Once you clearly request an attorney:
Police should stop questioning you
You cannot be punished for asking for an attorney
Silence cannot legally be used as evidence of your guilt
This is one of the most important rights you have.
What You Should Not Do
Do not lie to police
Do not guess or speculate
Do not volunteer extra information
Do not consent to searches to “prove” your innocence
Trying to explain often creates problems that didn’t exist before. Anything you say and how you say it can be taken out of context and used against you. You may be giving police information that they can use to arrest you or provide the state with more evidence against you without even realizing it.
Speaking to an Attorney First
You should speak with an attorney prior to police questioning you, after police have contacted you, if you believe you’re a suspect, if you’ve been arrested, or if you’re unsure of your rights.
You do not have to talk to police to be respectful. Silence is not obstruction, and asking for an attorney is not an admission of guilt.
Contact Attorney Shouse today for a free, confidential consultation.
