How to Flex Your Rights During Police Encounters

The reason you should avoid lying to police is the same reason you should avoid talking to police. (See "If I'm innocent, should I talk to police?")

Whether or not you have information that could incriminate you or others, you should resist the urge to try to talk yourself out of a situation and try to remain silent instead. Police may not hold your silence against you as evidence of guilt.

Clip from our DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters

Police are generally good at detecting lies, and getting caught in a lie may give an officer more justification to detain you. Regardless, if police are questioning you, you are probably considered a suspect and -- depending upon the situation -- you should be prepared to assert your rights by a) refusing search requests ("Officer, I don't consent to any searches."), b) determining if you are free to go ("Officer, am I free to go?"), and c) remaining silent until you see a lawyer ("I'm going to remain silent. I want to see a lawyer.").

Yes. It's a legally accepted -- and highly effective -- interrogation technique to lie to you and present false evidence in order to elicit a confession. This is particularly common during interrogations in which officers might tell you that "your friend already gave you up, so you might as well come clean."

Clip from our DVD, 10 Rules for Dealing with Police

The best defense against these manipulative tricks is to avoid saying anything to police without first speaking with an attorney. Use the magic words "I'm going to remain silent. I would like to see a lawyer." Repeat, if necessary.

On a related topic, it's commonly believed that undercover police have to reveal their identity when asked. This is false. Police may lie.