What are the general rules about speaking to an officer before an arrest?
In most situations you have no obligation to answer police questions without an attorney present. If you think the officer suspects you have been involved in any criminal activity, remember that the officer does not have to tell you about your Constitutional rights unless he or she intends to arrest you and interrogate you. It is perfectly legal to say, “Officer, I do not want to speak with you.” At this point you can turn and go away. The officer may challenge you or insist that you answer questions. The officer may verbally or physically restrain you or arrest you and take you to the station without issuing the Miranda warning. If you are not allowed to leave, you have been arrested, which means the police consider you a suspect in a specific crime. Whether or not you have been read your Miranda rights, you should refuse to tell the officers anything but your name and date of birth without an attorney present.
Related Questions
- Will the Pension Scheme Rules change as a result of Agenda for Change? Does Agenda for Change affect my entitlement to Mental Health Officer Status in the NHS Superannuation Scheme?
- Does an arrest or conviction record bar hiring as a police officer or firefighter?
- Can a police officer arrest a person without a warrant?
