Know Your Rights When Interacting with The Cops

I chose to become a criminal defense attorney in Austin, Texas so that I could help ensure people’s constitutional rights are honored and protected at all times. One of our goals at Chris Perri Law is to educate the community on their rights, particularly in situations when those rights may be threatened, such as during interactions with law enforcement.

Below I’ve answered some commonly asked questions about interacting with cops. While cops are often in a position of authority, you still do have rights that are protected by law. There is no question that our country and the state of Texas need to overhaul the criminal justice system and policing—cops often have too much authority and leeway—but for the present moment, my hope is that this information will help you now.

If a cop asks me questions, do I have to respond?

If a police officer comes up to you and asks you questions, you do not have to engage. In fact, you never have to answer a police officer’s questions, even if you’re under arrest. You don’t even have to remain near a cop, unless they are detaining you.

Detainment, also referred to as detention, is a specific and short period of time in which a cop has not yet arrested you but is investigating activity they deem suspicious. You are not allowed to flee a cop during detention. However, you do not have to talk to them.

If a cop tries to engage you, you can ask them if you are being detained, and if so, what for. If the officer says that you are NOT being detained, you can remove yourself completely from the interaction. You can leave—walk away, drive away, whatever. If the officer says that yes, you are under some sort of detention, then remember that you still have the right to remain silent. In fact, it’s not a bad idea to inform the officer that you are exercising your constitutional right to remain silent. That means you do NOT have to answer their questions.

What if the detention is grossly unfair?

Technically, it is legal to evade an unlawful detention. But in practice, you should keep in mind that if you try to escape being detained, you’ll likely be arrested. Then, you will have to try to prove the detention was unreasonable in order to have the charges dropped at a later date. Proving an unlawful detention is hard to do, but a skilled criminal defense attorney can help.

What if I’m driving and a cop signals for me to pull me over? Do I have to do so?

Yes, if an officer motions for you to pull over, legally you must obey, as this is considered a form of detention. However, you do not have to answer questions or perform sobriety tests if under investigation for DWI. For more information on your rights during a DWI investigation, click here.

If a police officer asks to search me or my belongings, can I refuse them?

Yes. You can always refuse to give your consent for a cop to search you, and I, as a criminal defense attorney, recommend it. If you do give permission for the search, you will never be able to argue, at a later date, that the search was illegal (and, unfortunately, many turn out to be). 

If I’ve been arrested, can I still stay silent?

For the most part, yes. After an arrest, the only information you legally have to provide is:

·  Your legal name,

·  Residential address, and

·  Date of birth.

That’s it. No matter what else the cop says, you have the right to remain silent. This is also true if speaking to a detective. You can always blame it on your attorney. Just keep saying, “My lawyer says to invoke my right to remain silent, so I am.”

Can I film the police?

Yes and no. If you are not being detained, you can freely film the police. However, if you get too close to them, they might claim that you are interfering with their public duties. So give them space. If you are detained, the officer can legally make you stop filming, as they can argue that you holding any object, such as a phone or camera, is an officer safety concern.

If I have a poor or even dangerous interaction with a cop, what can I do?

 In theory, police officers must abide by the law, same as anyone else. They cannot use force without reason, they cannot murder, they cannot sexually assault you. Sadly, some cops do abuse their power to commit crimes against those in their custody. If you feel in danger, you can always call the cops on the cops, but it’s understandable that if a police officer is violating you or someone else, you may not feel safe calling on that organization for help.

Some cities have police oversight departments where you can file complaints against officers. For instance, in Austin, Texas, we have the Office of Police Oversight, which is an independent branch of the city government that reviews complaints against police officers. To make a complaint, you can call (512) 972-2676 or visit their website here. Police accountability is more important than ever. 

Hopefully this guide offers some clarity on your rights when interacting with police officers. For more information on your rights when protesting, I recommend reading this factsheet created by the ACLU. If you have further questions about your legal rights or if you are facing criminal charges in Texas, call Chris Perri Law at (512) 269-0260 or visit www.chrisperrilaw.com today.