If I Am Not Under Arrest, Do I Have To Answer A Police Officer's Questions?

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If I Am Not Under Arrest, Do I Have To Answer A Police Officer's Questions?

No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.

EXAMPLE: Tommy is walking down the street and approached by Officer Doright. Officer Doright begins to question Tommy about a bank robbery that happened a few days ago. The conversation looks like this:

Officer Doright: Hey, excuse me, I would like to ask you a few questions.

Tommy: um, ok, what is this about?

Officer Doright: I`m investigating a robbery that happened a few days ago, I thought you might be able to give me some information.

Tommy: I just got back in town today from Europe, I really don`t think that I can help.

Officer Doright You just got back, that`s interesting, you fit the description of the robber that the bank teller provided.

Tommy: Excuse me Officer, am I under arrest?

Officer Doright: Umm, well no, but if you have something to say, I promise to help you out.

Tommy: No thanks Officer, you have a nice day. Tommy then continues with his walk home from the airport.

Other Miranda warnings FAQs

Q: What Is A Miranda Warning?
A: A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answer any questions.
Q: Must A Police Officer Always Advise A Person Of Their Miranda Rights Before Asking A Question?
A: No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the … More
Q: If I Am In Custody, How Do I Assert My Right To Remain Silent?
A: A suspect who has been arrested need only say I want to speak with an attorney or I have nothing to say now. If the police continue to question the suspect, the police … More
Q: Can I Waive My Miranda Rights?
A: Yes. If you have been arrested, and you have been given your Miranda warning, then anything that you say can and will be used against you in court.
Q: But The Police Officer Said That If I Talked, He Would Help Me Out.
A: This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will … More