You may have seen those comics online that say, “Yes, but” in reference to common contradictions, such as a person who loves animals but eats meat. Interacting with the police is often a minefield of contradictions. You know that you usually have the right to remain silent, but we have all heard horrible stories about people getting criminal charges or worse because a police officer perceived that the person was being uncooperative. There are some situations where you must answer basic questions, and if an officer asks you if you consent to questioning or to a search of your property, you have the right to say “no.” This does not guarantee that you will not get arrested, but it does protect you from prosecution or from a conviction based on unlawfully obtained evidence.
If you were exercising your legal rights, but an officer arrested you, anyway, contact a Texas criminal defense lawyer.
How Much Do You Have to Tell Cops About Yourself at a Traffic Stop?
If a police officer stops you while you are driving, you must show the officer your driver’s license and vehicle registration. The purpose of this is not merely to let the officer know your name but also to prove that it is legal for you to drive the vehicle you are driving. Even outside the context of traffic stops, Texas law requires you to tell police your name, residential address, and date of birth if they ask you for this information while investigating a crime. If you are not driving while this happens, you are not required to show your driver’s license. The bad news is that the law is not specific about what counts as investigating a possible offense, so police may be able to argue that you broke the law if you did not tell a cop your name, address, or date of birth when asked for this information.
Whether you are driving or walking, you do not have to tell the police where you are going or why. To be safe, you can invoke the Fifth Amendment while refusing to answer.
You Do Not Have to Tell Police Your Immigration Status
Police should not ask you about your immigration status during a routine interaction, such as a traffic stop. Anything you say could count against you in a future immigration case.
Do Not Let Police Go Through Your Phone at a Traffic Stop
At traffic stops, probable cause relates to things that are in plain view; police have probable cause to search your car if they see a prescription bottle in the center console, for example. The apps running in the background of your phone and the text messages you received last week are not in plain sight. Police do not have the right to search your cell phone or any of your other devices unless the court grants them a search warrant.
Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases
A Dallas criminal defense lawyer can help you if you are facing criminal charges after refusing to answer questions from the police. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.