Know Your Rights When Stopped By the Police
A Know-Your-Rights-Cheat-Sheet for everyone (including non-citizens) being stopped by police
It does not matter if you didn’t do anything. Innocent people get tried and convicted all the time, and most of us do not have the “good attorney fees” kind of resources.
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Disclaimer: I mostly wrote this for my kids. Being a mom’s kind of mom, I also decided to share it with you, practically for nothing. You’re welcome. Now you can’t say no one cares about you. Also, I should probably say I am not a lawyer and that I am not giving legal counsel. This is just the basic stuff most of us learned and forgot in high school.
Remember, while these rights are to protect you, how you assert them matters. Always aim for calm clarity and respect.
1. Stay calm.
Do not argue or run. Keep your hands visible at all times, and do not make any sudden movements. Be respectful.
Now is the time to keep your cool like your future depends on it — because it might. You can always file a complaint or challenge the stop later, from the comfort of your lawyer’s office, not the backseat of a squad car.
2. You have the constitutional right to remain silent.
If you are stopped for a traffic violation or stopped at a traffic block, you have to give your license, registration, and proof of insurance, but all of the following still apply. Some states have “stop and identify” statutes, which means you have to state who you are and show ID if there is reasonable suspicion that you have committed a crime, and you may be arrested by a police officer if you do not comply. From what I can tell, these states are, as of April 2025, Alabama, Arkansas, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Rhode Island, Utah, Vermont, and Wisconsin.
3. Say, “I wish to remain silent.”
You do not have to say anything or answer any questions, but you must state that (I know, the irony abounds). Whether you are being charged with a crime or not, if you have been detained by police, you do not need to answer questions.
Questions about why you were pulled over, where you’re going, whether you have been drinking, where you live, or what you had for lunch? You don’t have to answer.
This doesn’t always mean other people will stop asking. Just keep your mouth shut.
4. You do NOT have to consent to a search.
If a cop asks, “Mind if I take a look in your bag/car/pockets?” — you can (and maybe should) say, “I do not consent to a search.”
If they have a warrant or probable cause, they’ll search anyway — but your refusal can protect your rights later in court.
5. Ask, “Am I free to go?”
If the answer is “yes,” walk away.
If the answer is “no,” you’re being detained.
6. Ask, “Am I being detained, or am I under arrest?”
Regardless of the answer, say, “I want to speak to a lawyer.”
After that? Shut it. Stop talking. Even if the silence gets awkward. Especially then.
7. You have the right to a lawyer.*
It does not matter if you didn’t do anything. Innocent people get tried and convicted all the time, and most of us do not have the “good attorney fees” kind of resources.
Stay silent like you are playing the most important game of Quaker’s Meeting of your life. Because you might be.
*Non-U.S. Citizens: You do have the right to ask for a lawyer, and a lawyer should be provided to you if you are being charged in a criminal proceeding. Immigration status issues, however, fall under civil law, so while you have the right to request an attorney, it is up to the individual to get one. The ACLU link here does a much better job of explaining these circumstances than I ever could.
Sources
American Civil Liberties Union. “Know Your Rights.” Accessed April 1, 2025. https://www.aclu.org/know-your-rights.
American Civil Liberties Union. “Stopped By Police.” Accessed April 1, 2025. https://www.aclu.org/know-your-rights/stopped-by-police.
National Archives. “The Bill of Rights: What Does It Say?” Accessed April 1, 2025. https://www.archives.gov/founding-docs/bill-of-rights/what-does-it-say.
Rocket Lawyer. “Police Stops.” Accessed April 1, 2025. https://www.rocketlawyer.com/law-center/legal-guides/police-stops.
The Guardian. (2014, April 28). Death penalty study: 4% of defendants sentenced to die are innocent. Accessed April 1, 2025. https://www.theguardian.com/world/2014/apr/28/death-penalty-study-4-percent-defendants-innocent
