Do I have to answer detective questions?
Asked by: Brenda Hickle | Last update: September 24, 2025Score: 4.9/5 (13 votes)
Do I have to answer questions asked by law enforcement officers? No. You have the constitutional
Can I refuse to talk to a detective?
You can refuse to talk to a detective at any time. They will probably not leave you alone, but you do not have to talk to them; even if you're arrested (see more on this below). When a detective wants to talk to you because you're a suspect, they will generally be very nice and even friendly.
Can you refuse to answer questions during a police interrogation?
Yes. 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.
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.
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.
196) What do I do if a Detective wants to Question me? ~ Michael Haber Miami Criminal Defense Lawyer
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 you say I decline to answer in court?
In a more formal setting such as a deposition, hearing or trial, the person might say: “On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”
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 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.
What happens if you ignore a detective?
Ignoring or avoiding a detective's attempts to contact you can escalate the situation, leading to a warrant or even an arrest. It is better to have your attorney respond.
How to tell if you're being set up by police?
Signs You Might Be Getting Set Up by Police
Similarly, if someone repeatedly encourages you to commit a crime or makes it easy for you to engage in illegal activity, this could be a sign of entrapment. Another warning sign that you might be getting set up is if you feel pressured or coerced into committing a crime.
What are detectives not allowed to do?
Plant Evidence or Tamper with Evidence
Police officers are prohibited from planting, altering, or destroying evidence to influence the outcome of a case. This includes falsifying reports, manipulating crime scenes, or knowingly using unreliable witness testimony.
Can a cop say "Do you know why I pulled you over"?
Police officers in California can no longer ask, “Do you know why I pulled you over?” That's because of a new state law that came into effect on Jan. 1.
Should I 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.
Can a cop take your keys?
Under California law, during a routine traffic stop for speeding, a police officer generally does not have the legal right to demand your car keys without probable cause or a valid reason.
Why do cops follow you but not pull?
Instead, the general rule is that police are allowed to follow you for a reasonable distance to observe your driving and determine if a traffic stop needs to be conducted. As you might imagine, a reasonable distance is interpretative and will vary based on the specifics of the situation.
Can police listen to your conversations?
Law enforcement agencies must get a wiretap order before eavesdropping on a phone conversation. A wiretap order is similar to a search warrant. Because wiretapping is so intrusive, law enforcement officers are held to a high standard when seeking wiretap orders.
Can the police kick in my door if I have a warrant?
If they have a no-knock warrant they can enter your residence whether you are there or not. If they have to break the door down to get in, the warrant gives them the authority to do that.
What happens if I refuse to answer questions?
Refusing to answer a question can lead to legal consequences, such as a motion to compel or sanctions, if the refusal is not justified. It's important to consult with your attorney to navigate these situations appropriately.
Can you say bad words in court?
Criminal contempt is an action that impugns the integrity of the court or brings the court into disrepute. For example, yelling curse words at a judge would be direct criminal contempt of court.
What happens if you don't answer a question in court?
In the defense's request to the court demanding an answer from you, they will likely ask the judge to impose a penalty on you for refusing to answer a proper question. The penalty could be something minor or in extreme circumstances, your case could be dismissed!