Your Rights When Questioned by Police: What You Should and Shouldn’t Say
Getting questioned by the police can be intimidating, whether you’re a suspect, a witness, or just someone they want to talk to. Knowing your rights in these situations can mean the difference between walking away and facing criminal charges. Law enforcement officers are trained to extract information, and anything you say can—and will—be used against you. Here’s what you need to know about protecting yourself during police questioning.
Your Basic Rights When Questioned by Police
Under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent and avoid self-incrimination. Under the Sixth Amendment, you have the right to an attorney. These rights are your strongest protection when dealing with law enforcement.
You Have the Right to Remain Silent
You are not legally required to answer police questions beyond identifying yourself (name, address, and date of birth if requested).
If the police ask about a crime, you can politely refuse to answer by saying:
"I am invoking my right to remain silent and would like to speak to an attorney."
You Have the Right to an Attorney
If the police want to interrogate you, demand legal representation before answering any questions.
Do not engage in small talk—wait for your lawyer before saying anything else.
If you can’t afford an attorney, one will be provided to you.
What You Should and Shouldn’t Say
What You Should Say:
✅ Ask if You Are Free to Leave
If the police stop you on the street or at a traffic stop, ask:
"Am I being detained, or am I free to go?"
If they say you’re free to go, walk away calmly.
✅ Invoke Your Rights Clearly
Say: "I am invoking my right to remain silent."
Say: "I want to speak with my attorney before answering any questions."
Then stop talking—do not explain or justify your silence.
✅ Provide Basic Identification (If Required)
In Illinois, if you’re stopped for a valid reason, you must provide your name, address, and date of birth.
However, you do not have to answer any further questions.
What You Shouldn’t Say or Do:
❌ Don’t Lie to the Police
Lying can result in additional criminal charges, such as obstruction of justice.
❌ Don’t Volunteer Extra Information
The police may act friendly, but they are gathering evidence.
Even casual conversation can be used against you later.
❌ Don’t Consent to a Search
If officers ask to search your vehicle, home, or belongings, you can say:
"I do not consent to any searches."
Without a warrant or probable cause, they cannot search you.
❌ Don’t Resist or Argue
Even if the police act aggressively or unfairly, remain calm and respectful.
If your rights are violated, a lawyer can challenge the police actions in court.
What If You’ve Already Talked to the Police?
If you’ve already answered police questions, stop speaking immediately and contact an attorney. A lawyer can help determine if your statements can be excluded from evidence or if any rights violations occurred.
Why You Need an Experienced Criminal Defense Attorney
The way you handle police questioning can make or break your case. At the Law Offices of Richard Waller, we protect your rights, challenge unlawful police tactics, and ensure you don’t face criminal charges due to an unfair interrogation.
If you’re being questioned by law enforcement, don’t go it alone—contact us immediately for a free consultation.
