Do I have the right to refuse to answer police questions?
No. 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.
What should I do if I am stopped by the police?
If you do have a lawyer, keep his or her business card with you. Show it to the officer, and ask to call your lawyer. Remember to get the name, agency and telephone number of any law enforcement officer who stops or visits you, and give that information to your lawyer. Print:
When can a person walk away from a police officer?
Unless a police officer has “probable cause” to make an arrest, “reasonable suspicion” to conduct a “stop and frisk,” or a warrant, a person generally has the legal right to walk away from the officer.
Do you have to answer questions if you are under arrest?
When questioned by the police, you have the right to remain silent. So, you don’t have to answer any questions if you are under arrest. If you do decide to speak to the police, the statements can be used against you in a court of law. You may stop answering at any time and all questioning by police must stop as well.
Should I talk to a lawyer before answering police questions?
You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent.
What happens during a New York police investigation?
The investigation will focus on the details of the encounter, in accordance with New York State law, police department rules and the United States Constitution. The least intrusive encounter is a simple request for information. This is a general, non-threatening encounter in which you are approached for a reason the officer can articulate.