The Four Things You Should Always Say If You’re Stopped by Police
Getting stopped by the police can be nerve-wracking, even if you think you’ve done nothing wrong. Knowing what to say, and what not to say, can make all the difference. At the Marc Lopez Law Firm, we’ve represented thousands of Hoosiers, and we’ve seen how one conversation with law enforcement can shape the rest of a case.
If you remember nothing else from this blog, remember these four phrases:
- “Am I free to leave?”
- “I plead the Fifth.”
- “I want a lawyer.”
- “I do not consent to a search.”
We’ll explain when and how to use each phrase, then break down four critical exceptions that could affect your legal rights in Indiana.
Phrase 1: “Am I free to leave?”
This is your polite, non-confrontational way of asking if you are being detained. If the officer says yes, then stay put. If they say no, leave immediately. Don’t ask follow-up questions. Don’t ask, “What’s going on?” Just leave.
If the officer avoids answering, repeat the question. This makes it clear, on the record, that you do not wish to stay voluntarily.
Phrase 2: “I plead the Fifth.”
Once you know you’re not free to leave, invoke your right to remain silent. The Fifth Amendment protects you from self-incrimination. But in today’s legal climate, silence alone is not enough.
You must say the words.
Thanks to the Supreme Court’s decision in Salinas v. Texas, if you stay silent without affirmatively invoking your rights, that silence can be used against you in court. Saying “I plead the Fifth” ensures your silence is protected.
Phrase 3: “I want a lawyer.”
Once you ask for an attorney, police are supposed to stop questioning you. Do not keep talking. Do not explain yourself. Do not try to negotiate. Just request a lawyer and then remain silent.
Asking for a lawyer is a constitutional right. Once you say it, hold the line.
Phrase 4: “I do not consent to a search.”
This one is especially important during traffic stops. If an officer asks to search your vehicle, say clearly, “I do not consent to a search.”
You may think you have nothing to hide, but can you account for every person who has ever been in your vehicle? Did someone leave behind marijuana in the backseat? A prescription pill under the seat? Don’t roll the dice.
Police need probable cause or your consent to search. If they had the former, they wouldn’t ask for the latter.
Know the Exceptions: 4 Situations Where the Rules Change
Every rule has exceptions. These four are the most common and most important for Indiana drivers to understand.
Exception 1: Firearm Disclosure Laws
In Indiana, you are not required to inform police that you are carrying a firearm. Indiana operates under constitutional carry, which means no permit is required and there is no legal duty to disclose.
That said, laws vary by state:
- Some states require immediate disclosure if you are armed.
- Others require disclosure only if asked.
- Indiana does not require any disclosure unless the officer has probable cause to conduct a search.
Know your state’s law. If you travel across state lines, failure to follow firearm disclosure rules could lead to criminal charges or loss of firearm rights.
Exception 2: License and Registration
Some people argue they have a constitutional “right to travel” and don’t need a license. That’s legally incorrect.
The U.S. Supreme Court has confirmed that states may require a valid driver’s license to operate a motor vehicle. In Indiana, if you’re driving and an officer pulls you over, you are required to provide:
- Your driver’s license
- Vehicle registration
- Proof of insurance (if requested)
Under Indiana Code 34-28-5-3.5, if you refuse to provide your name, address, and date of birth during a traffic stop, you can be charged with a crime. Refusing to identify yourself may turn a simple ticket into a full arrest.
Exception 3: Implied Consent and Chemical Testing
If you drive in Indiana, you have agreed to follow implied consent laws. This means that if you are lawfully arrested for suspected OWI (Operating While Intoxicated), you are legally obligated to submit to a certified chemical test (breath or blood).
Refusing a test comes with automatic penalties:
- One-year license suspension for first refusal
- Two-year suspension for subsequent refusals
These penalties are enforced by the BMV, not the court. They are separate from any criminal OWI charges under Indiana Code 9-30-6-1.
If you refuse the chemical test police can apply for a warrant to obtain your blood and your test results will both be used in court. In most Indiana counties, refusing the test causes more problems than it solves as there is an additional license suspension for a refusal.
Exception 4: Silence Isn’t Enough
We mentioned this earlier, but it’s so important it bears repeating.
You must say out loud that you are invoking your right to remain silent.
If you just sit quietly and refuse to answer questions, your silence could be interpreted as guilt. The best way to protect yourself is to say:
“I plead the Fifth.”
That phrase invokes your constitutional protection against self-incrimination. Once you say it, stop talking.
Bonus Reminder: Police at Your Door
If police knock on your door and say they smell marijuana or want to talk, do not open the door unless they have a warrant.
Ask from behind the door:
“Do you have a warrant?”
If they do not, you are not required to open the door or speak with them. You are not even required to answer the door in the first place.
No one, including police, salespeople, or anyone else, has a legal right to enter your home without your permission or a warrant.
Final Thoughts: Don’t Try to Talk Your Way Out
If you are stopped by police, trying to explain your situation or talk your way out of it almost always backfires. The police are trained to use what you say against you. Keep your answers short and to the point:
- Provide your ID and vehicle documents
- Ask if you’re free to leave
- Say you want a lawyer
- Refuse searches politely and clearly
Stick to the script and protect your rights.
Call the Marc Lopez Law Firm
If you’ve been stopped, searched, or arrested in Indiana, you need a criminal defense attorney who knows how to fight back. At the Marc Lopez Law Firm, we defend people every day. We know the law, we know the courts, and we know how to protect your future.
Call us at 317-632-3642 today.
And always remember: plead the Fifth.
