Most people don't know their rights when dealing with police — and exercising them properly can make a significant difference in the outcome of your case.
General information, not legal advice — see terms of use.
If arrested in the United States, you have these constitutional rights:
Miranda Rights (required when in custody and being interrogated):
- Right to remain silent: You cannot be compelled to incriminate yourself (5th Amendment)
- Anything you say can and will be used against you in court
- Right to an attorney during questioning (6th Amendment)
- Right to an appointed attorney if you cannot afford one
If you invoke: Police must stop questioning you. Say clearly: 'I am invoking my right to remain silent and I want an attorney.'
During an arrest:
- You have the right to know why you're being arrested
- Do NOT physically resist, even if you believe it's unlawful — challenge it in court
- You have the right to make a phone call
During a traffic stop:
- You must provide driver's license, registration, and insurance
- You can politely refuse to answer questions beyond identification
- You can refuse to consent to a vehicle search (police need probable cause or warrant without consent)
Most important rule: Be polite and physically compliant, but exercise your right to remain silent and request an attorney before saying anything beyond basic identification.
Follow-up questions
Can police search your car without a warrant?
Police can search without a warrant if: you consent (always politely decline), they have probable cause, you're arrested (search incident to arrest), or they see contraband in plain view. If you believe a search was illegal, don't resist — document everything and raise it with your attorney.
What should you do if you can't afford a lawyer?
Request a public defender at your first court appearance (arraignment). The court must appoint one for any criminal case that could result in jail time. Never represent yourself in a serious criminal matter.
Do you have to identify yourself to police?
In 'stop and identify' states (about 24 states), you must provide your name when lawfully stopped by police. In other states, you have no obligation to provide ID unless you're driving. However, failing to identify yourself when required can result in arrest for obstruction. Know your state's laws.
This page is general information, not legal advice, and it may not reflect the latest rules where you live. For your own situation, talk to a qualified lawyer. Spotted an error? Email per@upperia.se and we will fix it.