What to Say (and Not Say) When Stopped by Police in California

It’s a situation most people never expect but many experience: You’re approached or pulled over by the police, and your heart starts racing. Whether you’ve done anything wrong or not, what you say next can make all the difference.

As a San Diego criminal defense attorney with years of experience protecting clients in cases ranging from DUIs to felonies, I can tell you this: your words matter—and so does your silence.

Your Rights During Police Encounters in California

Under the U.S. Constitution and California law, you have certain rights when you’re questioned or detained by police:

• You have the right to remain silent.

• You have the right to an attorney.

• You are not required to consent to a search (unless they have a warrant or lawful basis).

But asserting those rights the wrong way—or not asserting them at all—can lead to serious problems down the road.

What Not to Say to the Police

1. “I only had one drink.” Even seemingly innocent admissions can be used to build a DUI case against you.

2. “I didn’t mean to.” This could be interpreted as an admission of guilt.

3. “Sure, go ahead and look.” Never consent to a search of your car, home, or phone without a warrant—even if you believe you have nothing to hide.

4. “I’m probably guilty anyway.” You’d be surprised how often nervous people say this. Don’t.

What to Say Instead

Here are the only three phrases you really need:

1. “Am I free to leave?” If the answer is yes, politely walk away. If no, you’re being detained.

2. “I’m invoking my right to remain silent.” Once you say this, stop talking. Don’t try to explain or justify anything.

3. “I want to speak to my attorney.” Say this clearly, then stop answering questions. Special Tips for Common Situations

   • During a traffic stop: Provide your license, registration, and proof of insurance when asked—but you don’t have to answer questions like “Where are you coming from?” or “Have you been drinking?”

   • At your home: Unless police have a warrant, you don’t have to let them inside. Open the door slightly and say: “I don’t consent to any search. Please leave your card if you’d like to talk to my attorney.”

   • With plainclothes officers or detectives: Ask for a badge or ID. Then tell them you don’t answer questions without your lawyer present.

     
     
     
     

Takeaway: Be Polite, Not Chatty

Assert your rights firmly, but calmly. Being disrespectful can escalate the situation—but being too friendly can get you talking, which gets you in trouble.

Why This Matters

Once you’ve said something to the police, you can’t take it back. Statements you thought were harmless can—and will—be used against you in court.

If you're under investigation or have been charged with a crime in San Diego, call the Law Office of Angelo J. Reyes, APC immediately. Available 24/7 for urgent matters