Many people know they have rights when interacting with the police and during an arrest but it can be hard to know what to do in the heat of the moment. It takes a little knowledge and a lot of courage to assert those rights.
First, take a deep breath. Your mind and your heart rate are racing when a police officer pulls you over.
Second, remember that you have the right to remain silent. This does not mean that you can refuse to cooperate. For example, you still need to give the officer your driver’s license and proof of insurance if you are pulled over while driving. But you don’t need to talk to the officer or answer any questions about where you are going, what you’ve been doing, or how much you have had to drink. If you start answering questions, you can stop at any time.
Third, you are 100% allowed to say “no” if the officer asks to search you, your belongings, or your vehicle. If you don’t consent, the police need probable cause to start a search. But if you consent, your lawyer will likely not be able to challenge the search.
Fourth, if you are arrested for a crime, you have a right to consult an attorney. Asserting your right to counsel also forces the police to stop questioning you without a lawyer present. Just say to the officer, “I’d like to talk to a lawyer.” At that point, the police will need to stop questioning you.
Law enforcement must adhere to strict procedural requirements. If they don’t, evidence obtained through an unlawful search could be thrown out under a rule called the Exclusionary Rule.
