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Guide

Police Questioning: Your Rights in California

Whether officers stop you on the street, knock on your door or call to “clear something up,” you have rights. Knowing how to use them calmly and clearly is one of the most protective things you can do.

General information, not legal advice. Laws and local procedures change; speak with an attorney about your situation.

Your core rights

  • The right to remain silent. You generally do not have to answer questions about where you were, what you did or who you were with.
  • The right to an attorney. You can say you want a lawyer before answering any questions.
  • The right to refuse consent to a search. Officers may still search in some circumstances, but you do not have to agree.
  • The right to ask whether you are free to leave. If you are, you may calmly leave.

In some situations, such as a traffic stop, you may be required to provide identification or documents. Providing them is different from answering questions about an incident.

How to invoke your rights clearly

Silence alone is not always enough. Rights are best invoked out loud, in clear words, and then respected by you as well, meaning you stop talking after you invoke them.

  1. Say it plainly. “I am going to remain silent. I want to speak with a lawyer.”
  2. Do not consent. “I do not consent to any searches.”
  3. Ask about leaving. “Am I free to go?” If yes, leave calmly. If not, stay calm and stay silent.
  4. Then stop talking. Small talk, explanations and “off the record” comments can all be used.

Common pressure tactics

  • “You are not in trouble; we just want your side of the story.”
  • “If you have nothing to hide, why would you need a lawyer?”
  • “This is your only chance to explain before we file.”
  • “Your friend already told us what happened.”
  • Long silences meant to make you fill the gap

Police are generally permitted to use certain deceptive tactics during questioning. Assume that anything you say may be repeated in a report.

If a detective calls you

  • You do not have to answer questions over the phone.
  • Take the detective’s name, agency, phone number and case number if offered.
  • Say you will have an attorney contact them, then end the call politely.
  • Do not agree to “come in to talk” before speaking with counsel.

Frequently asked questions

Will invoking my rights make police suspicious?
Exercising a constitutional right is not a crime and is not proof of anything. It is a lawful and common choice.
What if I already talked to the police?
It is not too late to stop. Do not give further statements, write down what you remember saying, and speak with an attorney.

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Call 818-400-0293 or email Asya@Ovsepyan-Law.com. Office: 15303 Ventura Blvd., Suite 900, Sherman Oaks, CA 91403.