Stop Talking to the Police

Why Talking to the Police Can Hurt You Even When You Did Nothing Wrong

People who know they did nothing wrong can have the strongest urge to explain themselves. You may think the officer has misunderstood something. You may believe another person made a false accusation. You may think that one missing fact will clear everything up if the detective will only listen to you.

The problem is that you do not know everything the police already know.

You may not know what another witness said, what appears on body camera video, what police found during a search, what is contained in text messages or phone records, or what information an investigator received before speaking with you. You also do not know how your words will look later when they are compared with other evidence.

A person can be completely truthful and still get a time wrong, misunderstand a question, guess about something he or she does not remember, use an imprecise word, or leave out a detail he or she did not think was important. A prosecutor can later compare that statement with other evidence and argue that the inconsistency shows something much more significant.

You do not need to create that problem.

You Do Not Have to Wait for Miranda Warnings

One of the biggest misunderstandings about police questioning involves Miranda warnings. Miranda is principally concerned with custodial interrogation. Police do not have to read Miranda warnings before every conversation, every telephone call from a detective, every voluntary interview, or every question an officer asks during an investigation. That means you can give police a damaging voluntary statement without ever hearing:

“You have the right to remain silent.”

You should not treat the absence of Miranda warnings as a sign that it is safe to talk. If a detective calls and asks you to come to the station to discuss an allegation, you should decline to answer any questions and ask to speak with an attorney. If an officer approaches you during an investigation and starts asking what happened, the same advice applies. You do not have to wait until the police formally arrest you before you stop explaining the case.

What Should You Say to the Police?

You do not need a speech. Say clearly:

“I am exercising my right to remain silent. I want to speak with a lawyer.”

Then stop discussing the facts of the case.

Do not follow that statement with an explanation of why you want a lawyer. Do not answer “just one more question.” Do not try to correct what you think the officer misunderstood. Do not start arguing about the accusation. Invoking your rights and then continuing to talk defeats the practical purpose of remaining silent.

This advice concerns substantive questions about suspected criminal conduct. It does not mean you should refuse to comply with lawful commands or routine requirements such as producing your driver's license during a lawful traffic stop or providing basic administrative information during booking. You can comply with lawful requirements without discussing the alleged crime.

If You Are Not Sure Whether You Are Free to Leave

Police can temporarily detain someone without making an arrest when the legal requirements for an investigative detention are satisfied. A detention and an arrest are different things.

If you are uncertain whether an encounter is voluntary, ask:

“Am I free to go?”

If the officer says yes, leave calmly.

If the officer says no, do not walk away or physically resist. You may be detained even though you have not been formally arrested. You should still decline to answer questions about suspected criminal conduct and ask to speak with a lawyer.

Whether the detention was lawful can be examined later. The side of the road, a parking lot, your front porch, or the police station is not the place to argue the constitutional issue with the officer.

A Traffic Stop Does Not Require You to Explain Where You Have Been or What You Were Doing

During a lawful traffic stop, the driver has obligations that have nothing to do with answering investigative questions. You are required to provide your driver's license and other routine driving documents and comply with lawful directions. That does not mean you have agreed to discuss whether you have been drinking, whether there are drugs or weapons in the vehicle, where you are coming from, where you are going, or what happened before the stop.

If questioning turns toward suspected criminal conduct, you should decline to answer those questions and ask to speak with an attorney. Keep the interaction calm. Do not argue. Do not physically interfere with the officer.

Police Interviews Are Investigations, Not Neutral Conversations

A detective may sound friendly. An officer may tell you that he only wants to clear something up. You may hear that another person has already told police what happened or that this is your chance to get your side of the story on record. Do not assume that the investigator is giving you a complete picture of the evidence.

Police are permitted to use deceptive techniques during criminal interviews. They do not have to approach the conversation as a neutral interviewer who is simply trying to understand both sides. The purpose of an interview is to obtain information.

Your statement can confirm something police already suspected, provide a fact they did not know, connect you to another person or location, establish a timeline, explain ownership or control of property, or give investigators a statement they can compare with other evidence. You should not help build the case against yourself simply because the questions sound conversational.

Asking for a Lawyer Means You Need to Stop Talking

The legal consequences of asking for a lawyer depend in part on whether you are in custody and where the criminal case stands. During custodial interrogation, a clear request for counsel triggers important constitutional protections. That is one reason the request should be unmistakable:

“I want to speak with a lawyer.”

Do not say, “Maybe I need a lawyer,” or ask the officer whether he thinks you should get one. More importantly, do not clearly ask for a lawyer and then restart the conversation yourself.

People sometimes invoke their rights and then become uncomfortable with the silence. They begin asking questions about the investigation, explaining what they meant earlier, or trying to persuade the officer that there has been a misunderstanding.

STOP.

If you asked for a lawyer because you did not want to be questioned without legal advice, let that decision do its job.

Do Not Lie, Guess, or Try to Outsmart the Interview

Remaining silent does not mean giving police false information. Do not invent an explanation. Do not guess because you feel pressured to provide an answer. Do not minimize something by making a statement you know is untrue.

A false statement can become evidence, create inconsistencies, damage your credibility, and create additional legal problems. You do not need a better answer. You need to stop answering substantive questions and speak with a lawyer.

What If You Already Talked to the Police?

Talking to police does not mean you should keep talking. Do not call the detective back because you remembered something else. Do not send a text trying to clarify what you meant. Do not schedule another interview so you can give a “better” version. Tell your lawyer what happened.

Your lawyer needs to know where the conversation occurred, whether you believed you were free to leave, whether you were under arrest, whether Miranda warnings were given, what questions were asked, what you said, whether the interview was recorded, and what officers said to you before and during the conversation. Those circumstances affect how a statement is evaluated and whether there is a legal basis to challenge its use. The next step is not to try and repair the interview yourself.