Table of Contents
Do I have to give police my name if they ask?
You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.
Can you refuse to answer a cops Questions?
You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.
Do you have to comply with police orders?
You should obey all police orders, even if you think the police are wrong. If you don’t comply, you could be opening yourself up to a resisting arrest charge. That’s because resisting arrest is a crime in itself. By obeying the police officer’s orders, you can avoid giving them a legitimate reason to arrest you.
What happens if you say no comment in a police interview?
There is no magic to the phrase no comment. It is simply a device for a suspect to indicate that they have no intention of answering police questions. It allows the police to put questions and the interview to progress easily.
Can police question you over the phone?
No, they only have to read you Miranda Warnings if they ask you questions AND you are in police custody, i.e. not free to leave, under arrest. With the phone you could always say no and hang up.
Why do lawyers advise no comment?
Should you talk to the cops when they come to your home?
If cops come to your home, you don’t have to talk with them. But if you choose to address the officers, ask them if they have a warrant. I’ve never heard of a house-party or noise complaint warrant, but if they say they have one, tell them to slide it under the door or hold it up to a window so you can verify that they have one.
Do I have to answer the cops if they don’t have a warrant?
If they don’t have a warrant, you don’t have to talk to them or open the door. The United States Supreme Court and the Texas Court of Criminal Appeals have both recognized that homeowners don’t have to talk to cops or answer the door if they don’t have a warrant:
Do the police have the right to look through your phone?
Unless you give your express consent or there is a warrant, the police do not have the right to look through the contents of your phone—even when you’re in their custody. This was decided in the landmark Riley v.
Can you get sued if the police don’t show up?
You can tell yourself that all you want, but unfortunately, that doesn’t make it true. Just because the police don’t show up to the site of a minor car crashdoesn’t mean you won’t get sued by the other driver. A police report is just that: a report.