Talking to the Police When You're Not in Custody
Encounters with police officers on the street often result in requests for information or identification. Learn about your rights when you're not in custody and the police ask something of you.
You've seen it time after time on shows and in the movies: Cops slapping the cuffs on a "perp" and reading them their rights. But does it always happen that way? And can your silence actually be used against you sometimes?
Police officers may seek information from people whom they have no immediate intention of arresting, whether they are suspects or simply appear to be sources of information. There are legal consequences both of talking and remaining silent.
Many states have stop-and-identify laws. Under these laws, if a police officer reasonably suspects that someone has engaged in criminal activity, the officer can stop the person and ask for identification.
Police officers generally cannot arrest people, nor can the government prosecute them, simply for what they've said. But not all speech is protected.
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