Detention is when police limit your freedom for a short time, often because they suspect you of being involved in a crime or need to gather more information. You might be pulled over, asked to step out of a vehicle, told to sit on the curb, or asked to hand over your ID. At this point, you’re not free to leave, but you haven’t officially been arrested either.
You don’t need to be handcuffed or read your Miranda rights for it to count as a detention. If a reasonable person in your shoes would feel that they’re not allowed to leave, it likely qualifies as a detention.
The officer doesn’t need proof that you’ve committed a crime, only a reasonable suspicion. But even during your interactions with the police, you’re not without rights.
You Have the Right to Remain Silent
From the moment you’re detained, you have the right to remain silent. That means you’re not required to answer questions like where you’re coming from, where you’re headed, or what you’re doing. If you want to use this right, don’t just keep quiet, say it out loud: “I choose to remain silent.” That simple sentence invokes your right and tells officers you understand the law.
However, some states (Florida, for example) require you to identify yourself when you’re lawfully stopped under suspicion of a crime or traffic violation. In these cases, saying your name is the only legal obligation.
You don’t have to say anything else. If you’re unsure what your state requires, ask calmly if you’re legally required to identify yourself.
You Have the Right to Refuse a Search
Just because a police officer asks to search your pockets, bag, or vehicle doesn’t mean you have to say yes. You always have the right to say that you do not consent to the search.
That said, refusal may not prevent the search from happening. Police can pat you down if they believe you might be carrying a weapon. They may even search your car without your permission if they have what’s called probable cause, a strong reason to believe it contains evidence of a crime.
Nonetheless, your objection matters. Even if the search happens anyway, verbally stating your refusal could help you later in court. It draws a line. It shows you didn’t give up your rights voluntarily.
What If You’re Placed Under Arrest?
If the detention escalates into an arrest, meaning officers believe there’s strong evidence that you’ve committed a crime, your rights expand even further. You should immediately say that you want to remain silent and that you want a lawyer.
Do not explain yourself. Don’t try to talk your way out of it. Anything you say can be used against you, and you’re not obligated to explain a single thing.
If you can’t afford a lawyer, one will be appointed for you in criminal matters. This is in line with your right to counsel. In the meantime, don’t sign anything, don’t answer any questions, and don’t agree to anything until you’ve spoken with legal counsel.
You’re also entitled to make a local phone call, and if you’re calling a lawyer, the police are not allowed to listen.
What to Do If You Think Your Rights Were Violated
If something doesn’t feel right, if you were searched unlawfully, detained without cause, or denied access to legal help, don’t let it slide. Try to remember everything about the incident.
As soon as possible, write everything down. Seek medical help if you were hurt. And file a complaint with the agency’s internal affairs department or local civilian review board. In many cases, you can do so anonymously.
Special Considerations for Non-Citizens
If you’re not a U.S. citizen, your rights are still protected, but there are a few extra things to consider. You’re never required to talk about your immigration status with police, ICE agents, or anyone else.
If you choose to say that you are a permanent resident or that you are here on a visa, you should only do so if you’re carrying documents that prove it and are prepared to show them. Otherwise, you can stay silent.
If you’re detained for immigration reasons, you won’t be given a government lawyer. But you do have the right to hire one, and you should. Ask for a list of free or low-cost immigration legal services. And remember: do not sign anything until a lawyer reviews it with you.
