What if you don't want to answer the cops' questions?

In the USA? Fifth amendment of the Constitution: ”...nor shall be compelled in any criminal case to be a witness against himself…”

This is the complete text:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

You don’t say anything. It’s right there in your Miranda rights.

Then don’t answer. It is your right in the US.

There are a lot of legal precedents that come into play when it comes to talking to police. For example, if a cop pulls you over and just demands your license and registration without telling you why he/she pulled you over, you are not required to comply with him/her. You can ask them why they pulled you over. If they have a legitimate reason such as they saw you speeding or driving erratically then you have to comply with that. Likewise they are not allowed to walk into your home without a warrant or subject you to detainment for no reason. This is all covered by the 4th amendment.

Even if the question is as simple as “What’s your name” you are not required to talk to them if they are questioning you. If they arrest you for something or bring you in for questioning on a topic, you are entitled to have legal counsel there with you for questioning. It is your choice to talk to them or not. If I witnessed a crime and they wanted me to give a statement I’m not required to and may not want to if I felt my life might be in danger if I did. But I could also decide that I wanted to provide a statement as it might help get a criminal off the street.

You might say, “You may ask those question to my attorney”.

If you’re called in to the stiation house and you don’t want to talk, you say you want your lawyer. Then, of course, you h ave to pay for an attorney unless you can’t afford one.

If I wasn’t guilty of something, like if there was a crime and they wanted help solving it, I’d talk willingtly if I was able to help, especially if it was a loved one.

Here’s an example of what to do https://m.youtube.com/watch?v=ul5oC-F-IF0

Of course, they can beat the shit out of you and get away with it if you are not cooperative so there is that.

@seawulf575 Times I’ve been pulled over, I find I have a better chance of being let go without a ticket if I’m nice and cooperative and not cocky.

I’m thinking of one time, about 20 years ago, where I was on the phone driving (yes, I know) and I was speeding (not terribly, but I was over the speed limit). I got pulled over and the cop said “do you know why I pulled you over?” I said no, because I wasn’t sure which of my offenses was the reason. He said “you have a brake light that’s out.” I was like “oh my god, I didn’t know” because I really didn’t know. He let me go. If I was cocky and said “you have to tell me” I would probably have gotten a ticket for the brake light and maybe speeding too.

@janbb let’s be honest they can still do that even if you do cooperate

@jca2 I’m not suggesting getting cocky. But asking why you were pulled over is not getting cocky. In your example the cop told you why he was pulling you over. That is what is supposed to happen. Now I’ve been pulled over and I knew what it was for and didn’t bother asking. I got pulled over one time because the speed limit dropped from 50 to 35 mph. I knew about the change but wasn’t paying attention. I saw a cop going the other way and glanced down and saw how fast I was going. I looked in my mirror and saw him turning around. I just pulled over. He came up to the window and asked me if I knew why he was pulling me over. I said yes. He said I was doing 50 in a 35. I agreed. He asked if I was on my way to work. I said I was but that wasn’t the reason. I told him the reason was that the speed limit changed, I knew where it changed, but I was just plain not paying attention. He chuckled and asked for my license and registration. That is the way the encounter is supposed to go. You get pulled over, the police identifies why he is pulling you over, and then asks for your papers. They have to have some reason for asking you for your identification or even your name and you have the right to know what that reason is. It isn’t being cocky, it’s just getting things straight.

And to close the curiosity, I was let off with a warning on my encounter.

I get to post one of my favorite video ads, thanks.
(This was a series designed for marijuana offenses but applicable.)

https://youtu.be/JcZoCY7fUXg

Thanks for all responses.

It seems odd that nearly all of these responses assume the question applies to the suspect or perpetrator, including that they’re testifying in court (where the cops aren’t asking the questions). I was thinking more of questions asked at your door, such as “Did you hear a disturbance next door?” or “Do you know who owns that car?” or even “Is your son here?”

@Jeruba Since most of the time when the police are asking questions, it’s because you are the suspect or perpertrator, it was logical for folks to assume that was what the question is about. I don’t see anyone assuming it was in court but maybe I missed something.

Maybe you could now get different answers that you’ve specified questions asked at the door of a non-suspect. I don’t have an answer for that. Although I suspect in many neighborhoods a common answer would be “I didn’t see/hear/don’t know anything.”

@janbb And depends on the situation. I would answer about a neighbor’s lost child but less likely about whether so and so was home last night from 6p-10p.

^^ For sure.

Well, I’ve been asked lots of questions by cops, and I’ve never been a suspect. “Were you home all evening?’ “Did you see anyone run through here?” “Is that your car?” Normally, and innocently, I would just answer truthfully; but I’ve seen advice that just says decline to answer—especially coupled with the reminder that cops are allowed to lie to you (and vice versa).

When it comes to “Is your son here?” we are in a different category of don’t-wanna. Is it better to lie, tell the truth, or decline to answer?

If a cop came to my house, I would first expect him to tell me what the issue was, why he was asking questions. If he said my neighbor was missing or there was a theft in the neighborhood or something like that, I would expect him to tell me and that would explain the nature of his questions. If he just started asking questions like “was your neighbor home all night” I would ask why. I would think the cops know ya gotta give a little to get a little, so if they’re wanting answers, they have to be nice and personable or else nobody is going to talk.

@jca2, that’s when I would expect to hear “We’re here to ask the questions, not to answer them.”

@Jeruba OK, the cop can say that if he wants to. If he’s asking about a neighbor, a theft, if I hear screaming children, somethng like that, I would probably answer. Why would I not? If he was asking about me, it would depend on the questions. Since chances are I have nothing to hide, I would probably not have a reason not to answer his questions but if I had something to hide, like if I committed a crime and he wanted to know if I was home, I might not answer.

I do appreciate all comments.

When I asked in the OP, “What do you say?” if you don’t want to answer, I was looking for a guideline for exact wording: somewhere well in between “bug off” and “I decline to answer questions except when duly ordered in a court of law.” I thought maybe we still had a few cops around here—we used to—who could offer preferred language for shutting down the inquiry without attracting persistent badgering.

When I have given some sort of statement to the police, I’ve often regretted it for one reason or another, except for the time that my next-door neighbors were taken down by an assault weapon in the hands of an angry dealer. You don’t always know who your neighbors really are,

BTW a cop friend says if you’re arrested, it’s always best to not answer any questions without your attorney present. Always lawyer up.

I would say “Under advice of council I will not speak with the police without an attorney present.” Followed by: “Am I being detained or am I free to go?” If they tell me I am being detained I would say “what crime do you suspect I may have committed?”

@gorillapaws Have you read the thread? She is talking about the police coming to your door to ask questions, not being arrested or a suspect.

@janbb No, I just read the original question and answered it.

Not sure I understand what the exact question is….

You’ll probably piss off the cop who is just doing their job. It’s never a good idea to piss off a cop who if you’re friendly and honest might just let you off. (I’ve been pulled over for speeding a few times and I’ve never gotten a ticket).

If you don’t want to answer the cop’s questions you can be arrested and you can call your lawyer.

@kritiper, I can be arrested when I am not a suspect—or a victim—and the cops are asking me about someone else?

Honestly, I would have thought that most people’s interactions with cops are as victims or possible witnesses and not as suspects. After all, one person may commit or attempt a crime, but lots of people can be affected, from the person whose house was broken into to the neighbor whose yard the guy ran through. But the presumption here has been that I’m being questioned as a potential detainee. To repeat, I’ve been asked lots of questions by police, but never as a possible criminal.

And my question is, what’s the best way to tell them I choose not to answer? Presuming I do have that right.

Could you say you don’t know, that you were asleep or whatever?

@Jeruba Cops might just want you to give a statement as a witness or they may have you in mind as a potential suspect. There have been cases where people were arrested and convicted of killing their spouses. In pretty much every case the spouse that ended up getting charged was willing to talk to the police without an attorney because they knew they had done nothing wrong. But police often look at a spouse or a relation as the primary suspect. So they are starting and ending their investigation with proving that person is guilty. If it is something serious, you might want to get an attorney with you when you are questioned, even if you had nothing to do with the crime.

As for telling them you don’t want to talk or that you want an attorney, you always have that right. Always. And you can simply tell them that you aren’t comfortable talking with them without an attorney. It is that simple. Once you say that, they cannot continue to question you until you have an attorney present.

Of course, if you don’t know anything about whatever they are asking you can always tell them that. If you were out of town when your neighbor was burgled, you can simply tell them you were out of town and just heard about it.

@Jeruba You could do that. And you would be guilty of aiding and abetting a criminal.
See you in court!

I’m going to ask a cop that I know. My daughter’s friend’s father is a cop. I’ll also ask a friend who works for a local District Attorney and she’ll ask the attorneys at work, so we’ll (hopefully) have answers from both the attorneys and the police. It will be a few days until I see the cop and so I expect to have the answers compiled by the end of this week. I am seriously doubting that if they ask you questions about something that occurred in the neighborhood and you refuse to answer, they’re going to throw you in jail. Hell, they don’t throw people in jail now for major crimes like robbery, but we’ll find out.

From the DA’s office – nobody is getting arrested for not talking to the police. All the time, people don’t cooperate with police for fear of “street justice,” also known as “snitches get stitches.”

If the questioning was important enough, I suppose you could be thrown in jail until you decide to sing. Good luck!

Nope, @kritiper not even for murders.

I think I see the issue. You can refuse. If you want absolutely nothing to do with anything, claim ignorance.

You take your chances. If the cop (or cops) don’t like the way you didn’t respond, they could harass you with traffic stops and other stuff. So you roll the dice. The results could be up to you. If I had nothing to lose, I would answer the nice policeman’s questions!

Cops can’t pull you over for no reason, @kritiper. You seem to have your heels dug in about insisting on people answering the cop’s questions, even though I provided an excellent source that says you don’t have to say anything. For some reason, you seem to employ scare tactics (i.e. you’re going to get arrested and sit in jail!) about this.