Do You Have to Answer a Police Officer’s Questions?

In the event that you are dealing with a Florida police officer, it is a common question, do you have to answer all of their questions? Depends on a number of factors in the scenario, and the following post will delve into more details regarding the different possibilities and situations.

The American Civil Liberties Union published the following about this topic:
Question: What kind of law enforcement officers might try to question you?

Answer: You could be questioned by a variety of law enforcement officers, including state or local police officers, Joint Terrorism Task Force members, or federal agents from the FBI, Department of Homeland Security (which includes Immigration and Customs Enforcement and the Border Patrol), Drug Enforcement Administration, Naval Criminal Investigative Service, or other agencies.

[In Palm Beach County Florida, this could include deputies with the Palm Beach County Sheriff’s Office, troopers with the Florida Highway Patrol, officers with the West Palm Beach Police Department, or officers with any other police department.]

Question: Do you have to answer questions asked by police officers?

Answer: 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. It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions.

Question: Are there any exceptions to the general rule that I do not have to answer questions?

Answer: Yes, there are two limited exceptions. First, in some states, you must provide your name to law enforcement officers if you are stopped and told to identify yourself. But even if you give your name, you are not required to answer other questions. Second, if you are driving and you are pulled over for a traffic violation, the officer can require you to show your license, vehicle registration and proof of insurance (but you do not have to answer questions).

[In Florida, a traffic crash report made by a person involved in an accident and any statement made by such a person to a police officer for the purpose of completing a crash report may not be used as evidence in either a civil or criminal trial unless that person is first given Miranda warnings.]

Question: Can I talk to a lawyer before answering questions?

Answer: Yes. You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. A 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 questioning you, you still have the right to remain silent. If you do not have a lawyer but want one, tell the officer that you want to speak to one before answering any questions. If you do have a lawyer, keep his or her business card with you at all times. Show it to the officer, and ask to call your lawyer. Remember to get the officer’s name, his telephone number, and the name of his agency, and give that information to your lawyer.
[When asking for a lawyer, be very explicit. Say, “I do not want to answer any questions. I want a lawyer.” If you say something like, “Do you think I need to speak with a lawyer?” a judge may later say that you did not clearly ask to speak with an attorney.]

Question: What if I go ahead and speak to a police officer anyway?

Answer: Anything you say to an officer can be used against you in court. Also, keep in mind that lying to a government official is a crime, but remaining silent until you consult with a lawyer is not. [In other words, you do not have to say anything, but if you do say something, it has to be the truth.] Even if you have already answered some questions, you can still refuse to answer other questions until you have a lawyer present.

Question: What if an officer threatens to get a warrant or a subpoena if you don’t answer her questions?
Answer: Even if an officer threatens to get a warrant or subpoena, you still do not have to answer her questions, and anything you do say can be used against you in court. The officer may or may not succeed in getting a warrant or subpoena. If you do receive a subpoena or an officer threatens to get one, you should call a lawyer right away. If you are served with a subpoena or warrant, you must obey it, but you can still assert your right not to say anything that can be used against you.

Question: What if you are asked to participate in a “counter-terrorism interview”?

Answer: You have the right to say that you do not want to be interviewed, to have an attorney present, to set the time and place for the interview, to find out the questions you will be asked beforehand, and to answer only the questions you feel comfortable answering. If you are taken into custody for any reason, you have the right to remain silent. No matter what, assume that nothing you say is off the record. Again, remember that it is a crime to knowingly lie to an officer.

If you have had a situation occur and were forced to answer questions by a police officer, or if you have any more inquiries regarding answering questions from police officers, give me a call at 561-832-4348. I am a West Palm Beach Criminal Defense lawyer who will fight for your rights!