According to the Fifth Amendment to the U. As such, it gives you the right to refuse to answer questions that a police officer asks you. However, there are two exceptions to this rule. Although you do not need to answer any further questions asked in either scenario, in some states you will have to provide your name to law enforcement if they request that you identify yourself.
The other time you will need to respond is if you are pulled over for a traffic violation and the police ask to see your license, registration, and so on. Apart from these two exceptions, you also normally cannot be arrested or punished for refusing to answer their questions.
Therefore, if you find yourself in a situation where you are being questioned by law enforcement, such as while in detainment or after an arrest, then you should contact a lawyer immediately before agreeing to respond. As discussed above, U. This includes even if a person is under arrest. In fact, it is generally recommended that the person has a lawyer present while responding to police inquiries after an arrest. Also, the person may stop answering questions at any time, which means that all questioning by police must cease as well.
In addition, an individual has a right to have their attorney present if they do decide to answer any questions. If they decide to exercise this right, then their request for an attorney must be made in a clear and direct manner.
As previously mentioned, there are certain situations where an individual may be required to provide particular information or answer specific questions. One of those scenarios is when the police have reasonable suspicion that a person either is or is about to be participating in some kind of criminal activity.
For example, in many states it is often the case that if the police see a person wandering aimless with no apparent direction and in way that poses a threat to the public i. Currently, these laws have been adopted by approximately 24 states. The basis for this right is that there may be many reasons why a person may not want to speak to police that are consistent with innocence. For example, a person may not fully comprehend police questions and may not wish to provide any answers which may later be used against them.
If you invoke the pre-trial right to silence and refuse to answer police questions, that fact cannot be later used against you to suggest that you were silent because you are guilty. However, there are circumstances where police can ask you for information and it is usually in your best interest to assist. For example, police have the right to ask you for your name and address if:. Generally speaking, if police request basic information and you believe you are innocent and are in a position to assist, it is probably in your best interests to do so.
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It is mandatory to procure user consent prior to running these cookies on your website. July 28, Category: Other. The officer will ask questions in an attempt to discover additional evidence, and the answers you give during a traffic stop may lead to more charges.
You should treat a telephone call from a police officer like any other police questioning, and, as a general rule, politely decline to speak to the officer and immediately schedule an appointment with a local defense attorney.
Politely decline to answer any questions and consult with a local criminal attorney for professional legal guidance. Keep in mind that the police officer, if they were being investigated, would do the same. Share this:. Tell Us About Your Case:. This website uses cookies to improve your experience. We'll assume you're ok with this. If police obtain information from you unlawfully, the court may refuse to let it be used as evidence at trial.
For example, this could be because:. If you feel that the police have not behaved properly when investigating an offence or have abused their powers, you can make a complaint about them. The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.
Answering questions from the police. Find out: Do I have to answer police questions? What questions do I have to answer? How do I exercise my right to silence?
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