Situation card · Know your rights
Your rights when police question you
What to say and do if police are asking you questions on the street, in a car, or at a station.
The 10-second version: say this
- I am exercising my right to remain silent.
- I want a lawyer.
- Am I being detained, or am I free to leave?
Say it calmly. Then stop talking.
Do
- Stay calm and keep your hands visible.
- Say out loud that you are staying silent.
- Ask if you are free to leave.
- Give your name if your state requires it.
Don't
- Don't run, argue, or physically resist.
- Don't lie or give false papers.
- Don't answer 'just one more question.'
- Don't agree to go to the station unless arrested.
You can use these rights at any time
You can use your rights whether or not you are under arrest. You can use them whether or not police have read you your rights. You do not have to wait.
How to use the right to remain silent
Staying quiet is not enough. You have to say out loud that you are using your right. In Berghuis v. Thompkins (2010), the Supreme Court said a person must clearly say they are staying silent.
- Say: "I am exercising my right to remain silent. I want a lawyer."
- Then stop talking.
- Do not explain or argue.
- Do not answer "just one more question."
If you are in custody and clearly ask for a lawyer, police must stop questioning you until a lawyer is there. If you start talking again on your own, that can change.
What you do have to give them
- Your name, in some states. About half of U.S. states have "stop and identify" laws. These laws can require you to give your name if police suspect you of a crime. Search "stop and identify law" plus your state.
- Your driver's license, registration, and proof of insurance, if you are driving.
- Your signature on a ticket, if your state requires it. Signing is not saying you are guilty. It is a promise to go to court.
You generally do not have to say where you are going, where you came from, or who you are with.
If you are not under arrest
- Ask: "Am I being detained, or am I free to leave?"
- If the officer says you are free to leave, leave calmly.
- If the officer says you are being detained, you can still stay silent and ask for a lawyer.
- "Come down to the station to talk" is a request, not an order, unless you are under arrest.
If you are under arrest
- Say: "I am exercising my right to remain silent. I want a lawyer." Then stop talking.
- Do not try to explain your way out. Anything you say can be used against you.
- Do not lie to police. Lying to a federal officer is a separate crime. Many states have similar laws.
- If you are charged with a crime and cannot pay a lawyer, ask for a public defender. A court generally must give you a lawyer before it can sentence you to jail.
Miranda warnings
Miranda warnings are the "you have the right to remain silent" speech. Police must give them before using your answers in court only if you are both:
- In custody, meaning you are not free to leave, and
- Being questioned.
If police are talking to you on the street and you are free to leave, they do not have to read Miranda warnings. Anything you say can still be used. This is why it is safest to use your rights as soon as questioning starts.
Common questions
Do I have to answer police questions?
Generally, no. The Fifth Amendment protects your right to remain silent. In Berghuis v. Thompkins (2010), the Supreme Court said you must say clearly that you are using it. You can say: "I am exercising my right to remain silent. I want a lawyer."
Do I have to tell police my name?
It depends on your state. About half of states have stop-and-identify laws. These laws can require your name if police reasonably suspect you of a crime. If you are driving, you must show your license, registration, and proof of insurance.
What should I say if police stop me?
Ask calmly: "Am I being detained, or am I free to leave?" If you are free to leave, leave calmly. If not, you can say: "I am exercising my right to remain silent. I want a lawyer." Then stop talking. Do not run, argue, or resist.
Can police lie to you?
Yes, generally. During questioning, police are allowed to use some lies, such as saying they have evidence they do not have. The Supreme Court allowed this in Frazier v. Cupp (1969). Some states, such as Illinois and Oregon, now limit this when police question young people.
Do police have to read me my rights?
Only if you are in custody and being questioned. Then police must give Miranda warnings, or your answers generally cannot be used against you at trial. Miranda v. Arizona (1966) set this rule. If you are not in custody, what you say can be used even without warnings.
Do I have to go to the police station to talk?
No, not unless you are under arrest. "Come down to the station to talk" is a request, not an order. You can say no. If you are arrested, you can say you are staying silent and want a lawyer. Then stop talking.
Can I get a free lawyer?
Yes, if you cannot pay and are charged with a crime that could lead to jail. A court generally must give you a lawyer, often called a public defender, before it can sentence you to jail. Gideon v. Wainwright (1963) and later cases set this rule.
The law you are citing
Fifth Amendment (1791): The government cannot force you to be a witness against yourself in a criminal case.
nor shall be compelled in any criminal case to be a witness against himself
Sixth Amendment (1791): If you are charged with a crime, you have the right to a lawyer.
In all criminal prosecutions, the accused shall enjoy the right... to have the Assistance of Counsel for his defence.
Get help
- Find a free lawyerIf you are charged with a crime and cannot pay, ask for a public defender.
- ACLU: Know your rightsaclu.org/know-your-rights