Getting pulled over or stopped by the police is stressful, even if you haven’t done anything wrong. Your heart races. Your hands shake. You might not remember what to say (or what not to say). But the words you use in those moments matter. Knowing your rights can keep a tense situation from getting worse and help protect you if charges follow later.
Stay Calm and Be Respectful
When an officer approaches you, the first thing to do is stay calm. Keep your hands where the officer can see them. Don’t suddenly reach into your pockets or glove box. Speak clearly and be polite, even if you feel frustrated.
You don’t have to agree with what’s happening, but arguing during the stop won’t help. If the stop turns out to be unlawful, that issue can be handled later in court, not on the street.
You Have the Right to Remain Silent
You are not required to answer every question an officer asks. You can say, “I’m choosing to remain silent,” and then stop talking. That is your right under the Fifth Amendment. You don’t have to explain why you don’t want to answer.
However, in Tennessee, you must give your name if an officer lawfully stops you and asks for it. Refusing to identify yourself can lead to arrest. Beyond that, you don’t have to provide details about where you’re going, where you live, or what you’ve been doing.
You Do Not Have to Consent to a Search
Officers often ask, “Do you mind if I take a look?” You have the right to say no. If they don’t have a warrant or probable cause, they need your permission. Saying, “I don’t consent to a search,” is enough.
If an officer searches you or your car anyway, do not try to stop them. Just say clearly that you do not agree to the search. This could be important later if charges are filed and evidence is used in court.
You Can Ask If You’re Free to Leave
If you’re not sure whether you’re being detained, you can ask, “Am I free to go?” If the officer says yes, you can leave. If they say no, you’re being detained. You still don’t have to answer questions, but you should stay put and stay calm.
If you’re under arrest, the officer should tell you. At that point, you have the right to remain silent and the right to a lawyer. Say clearly, “I want to speak to a lawyer,” and then stop talking.
Don’t Lie or Give False Information
It’s legal to stay silent. It’s not legal to lie. Giving false information, like a fake name or a made-up story, can lead to criminal charges even if you didn’t do anything else wrong.
If you’re not sure what to say, it’s better to say nothing than to make something up. The police can and often will use your words against you in court. Staying silent is safer than trying to talk your way out of it.
Be Careful What You Say About Others
Trying to shift blame or point fingers during a stop can backfire. You might think you’re helping your case, but you could end up saying something that hurts someone else or yourself. You don’t know what the officer already knows or what they’re looking for.
If you’re asked about someone else’s actions, you can still choose to remain silent. You are not required to give information about friends, family, or passengers.
Ask for a Lawyer Early
If you’re being questioned and feel unsure about what to say, ask for a lawyer right away. Once you do, the police must stop asking questions. This applies even if you haven’t been arrested yet. Once you ask, stick to it. Don’t keep talking after that.
Your right to a lawyer is one of your most important protections. Use it.
A police stop can happen without warning, but what you do next can make all the difference. If you’ve been questioned, searched, or arrested, Arnold, Willis & Conway can help you understand your rights and what comes next. Contact us today for a confidential consultation.