Can you refuse to answer questions during a police interrogation?

Asked by: Prof. Constantin Flatley  |  Last update: June 28, 2025
Score: 5/5 (50 votes)

Even if you've been arrested, you can refuse to answer police questions. In this case, police officers must provide you with a Miranda warning before questioning you and remind you of your right to remain silent and to talk to a lawyer. Be careful!

Is refusing to answer police questions obstruction?

Refusing to do so is a violation of California Vehicle Code §12951, which can lead to fines or even arrest.

Can you refuse to come in for questioning?

If You're Asked to Come In for Questioning

You can, however, ignore or refuse a request to come in for questioning -- but police may then choose to arrest you.

Can you refuse to speak in an interrogation?

Do I have to answer questions asked by law enforcement officers? 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.

How do you legally refuse to answer a question?

Clearly State Your Reason: If you decide to refuse to answer a question, you must clearly articulate your reason. For instance, stating, “I plead the Fifth” indicates that you're invoking the Fifth Amendment right against self-incrimination.

LAWYER: 5 Ways to Outsmart the Police

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Can you tell police I don't answer questions?

Say “I want to remain silent.” You cannot be arrested or detained for refusing to answer questions. But it can look suspicious to the police if you answer questions and then suddenly stop. Make it your practice to always remain silent.

Can a judge force you to answer a question?

Generally speaking, the answer is yes. If the Judge requires you to answer, you must answer the questions. However, you can object to the questions before you answer them.

Can you just walk out of an interrogation?

You can say, “I do not want to talk to you” and walk away calmly. Or, if you do not feel comfortable doing that, you can ask if you are free to go. If the answer is yes, you can consider just walking away.

Can police make you come in for questioning?

Most states allow law enforcement officers to ask citizens questions without having an arrest warrant or probable cause. However, refusing to answer these questions could result in being detained by the authorities.

What to say when a cop asks you where you are going?

You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud.

Can you leave during police questioning?

If you have not been arrested, you may not be required to stay and answer questions. Politely ask, "Am I free to leave?" If the officer says yes, you may leave. If you're being detained, however, remain respectful and cooperative within the bounds of the law.

Can you decline to answer a question in court?

Privilege Against Self-Incrimination

Individuals can refuse to answer questions if responses might incriminate them. Courts uphold this right to prevent self-incrimination during depositions.

Why do cops ask where you are going?

The real purpose is to seek what are called admissions to crimes and/statements against interest. If you are charged with a crime, these statements will almost certainly be used against you.

Is yelling at a cop obstruction?

Screaming or yelling coupled with blocking or impeding the officer could be considered obstruction. Failure to identify. Many states have failure-to-identify laws that require a person to give their name to an officer or prohibit giving an officer false information. Assault or battery.

Can police question you without reading you your rights?

Police are required to read your Miranda Rights after an arrest and before questioning. If they fail to “read you your rights,” it may make some or all of the following questioning inadmissible in court and affect the prosecution's ability to convict you for a crime.

Can you refuse interrogation?

So, when must you answer police? That's simple: You only must answer when police ask you for your name. Otherwise, you have a right to decline answering questions thanks to the Fifth Amendment of the U.S. Constitution. This right applies whether a law officer is federal, state or local.

Do you have to stop if a police officer tells you to?

However, in most cases, a citizen does not have a duty to comply with a police officer's request for information or a search. They may have a duty to comply if the officer has a warrant or if they have a reasonable suspicion to conduct a stop and frisk (a pat down).

Can police refuse to respond?

When you call 911 in an emergency, the police don't have to respond to your call. If someone breaks into your house or your partner threatens to hurt you, the police don't have to respond. If you report a neighbor's continual slashing of your tires, the cops can ignore your calls.

Can you refuse being taken in for questioning?

If the police want to conduct questioning without a warrant, they usually will not be able to detain you against your will. You can generally refuse to answer questions that you feel may incriminate you.

What happens if you don't talk during police interrogation?

Your Constitutional Right To Not Answer Questions

When the police want to interview you, you have a constitutional right to not answer their questions. It is the government's burden of proof, not yours.

Can a cop pull you over for leaving a suspected drug house?

A police officer has to have a lawful reason to stop your vehicle. He cant just stop you because you left a drug house. He has to have a reason like a taillight out, or speeding, anything but again it varies by state. The officer has to have probable cause that you have or are about to commit a crime.

What not to tell a judge?

Here are five things all defendants will want to avoid saying to a criminal judge:
  • 'I Did It. ' ...
  • 'They Didn't Tell Me...' ...
  • Expletives. ...
  • Lies, Lies, Lies. ...
  • 'I Will Represent Myself.

Should you ever talk to the police?

No. Call a criminal defense attorney in your area now. You should never talk to police without an attorney present, and only if you are advised by an attorney to give a statement. Police officers may lie to you to get you to start talking.

What is it called when you refuse to answer questions?

Question dodging is a rhetorical technique involving the intentional avoidance of answering a question.