What to Say (and Not to Say) When You're Pulled Over or Detained

Getting pulled over or detained by the police can be a stressful experience, and knowing what to say—or what not to say—can make a big difference. Whether you're in your car or on foot, here are some key points to keep in mind.

When You're Pulled Over in a Car

What to Say:

• "Good afternoon, officer. How can I help you?"– Start with a calm and polite greeting. This sets a respectful tone.
• "I’m going to reach for my license and registration."– Always let the officer know what you’re doing before you move. This helps avoid misunderstandings.
• "Am I free to go?" – If the officer finishes their questions or doesn’t have a reason to keep you, politely ask if you’re free to leave.

What Not to Say:

• "Why did you pull me over?" – Instead of questioning the officer’s intentions aggressively, let them explain the reason.
• "I only had a couple of drinks." – Never admit to any wrongdoing. This can be used against you in court.
• "No, I don’t want to cooperate." – Refusing to comply can escalate the situation. Instead, calmly assert your rights.

When You're Detained on Foot

Terry Stops:

A "Terry stop," also known as a stop-and-frisk, is when an officer stops you on foot based on reasonable suspicion that you might be involved in criminal activity. The officer may also pat down your outer clothing if they suspect you have a weapon.

What to Say:

• "Am I being detained, or am I free to go?" – This helps clarify whether you are free to leave or if you’re being held for questioning.
• "I do not consent to any searches." – If an officer asks to search you or your belongings, you have the right to say no. State this clearly but calmly.
• "I would like to speak to my lawyer." – If you’re arrested or not free to leave, invoke your right to legal representation immediately.

What Not to Say:

• "I know my rights!" – While it’s important to know your rights, aggressively stating this can sometimes lead to tension.
• "You can’t do this!" – Arguing or resisting can make things worse. It's better to comply and let your lawyer handle any disputes later. You will never win an argument on the street.
• Anything that could incriminate you. – Remember, anything you say can be used against you. If in doubt, stay silent and ask for an attorney.

Understanding Arizona's Rules on Probable Cause and Reasonable Suspicion

In Arizona, understanding the difference betweenprobable cause andreasonable suspicion is crucial. Probable cause is required for an arrest, while reasonable suspicion is enough to justify a brief detention or a Terry stop.

• Reasonable Suspicion: This is a lower standard than probable cause and can be based on specific and articulable facts. For example, if an officer sees someone acting suspiciously in a high-crime area, they might have reasonable suspicion to stop and question them.
• Probable Cause: This higher standard is required for an arrest or to obtain a search warrant. It means that there is a reasonable belief that a person has committed a crime.

When you're stopped in Arizona, you are required to provide your name or ID so the officer can identify you when asked by law enforcement, but you are not required to answer further questions. You can simply state, "I wish to remain silent and want to speak to a lawyer."

Why This Matters

Saying the right things during an encounter with the police can protect your rights and potentially avoid legal trouble. Always remain calm, polite, and aware of your rights.

Sources:

• American Civil Liberties Union, Know Your Rights: Stopped by Police, ACLU
• Nolo, Police Stops: What to Do If You're Pulled Over
• Cornell Law School, Terry Stop (Stop and Frisk), LII
• Maricopa County, Probable Cause and Reasonable Suspicion, Maricopa County