When you see flashing lights in your rearview mirror or a police officer approaches you on the street, everything can change in an instant. You may think you’re innocent, but without the right words, you could regret what you say.
At the Marc Lopez Law Firm, we’ve guided countless clients through police investigations and criminal charges. In this article, we’ll show you how to talk to police effectively, preserve your constitutional rights, and invoke your Fifth Amendment privileges—the same guidance former prosecutor Marc Lopez teaches every day.
The Four Key Statements to Make
When a police officer approaches, remember: only four things matter. Everything else can complicate your case. Here’s what you should say, and say in this order:
- “Am I free to leave?”
- “I plead the Fifth.”
- “I want a lawyer.”
- “I do not consent to a search.”
Why just four phrases? Because these statements directly invoke your rights under the Fourth, Fifth, and Sixth Amendments. Let’s break down each one.
1. Ask First: “Am I Free to Leave?”
Unless the officer clearly says “yes,” do not assume you’re just having a casual conversation.
- If the answer is yes, you’re in a voluntary encounter, also called a consensual encounter. You may walk away, no questions asked.
- Such encounters don’t trigger Miranda warnings, because they’re not formal detentions or arrests.
- Police cannot use force or demanding language (e.g., “sit down” or “spread your arms”) to detain you.
- If instead the officer says “No,” you are being detained. That means either a Terry stop or formal arrest. Both are significant legal thresholds where rights begin to attach.
Terry Stops: What the Law Says
In Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court ruled that a police officer may briefly stop and frisk someone based on reasonable suspicion, a lower standard than probable cause, but this is still a non-consensual, Fourth-Amendment event. During such stops:
- The officer may pat you down for weapons but cannot go beyond that.
- Any further questioning may require justification.
- You are not under arrest, but your rights can still be violated if the stop turns excessive or prolonged.
2–4. If You Are Not Free To Leave, Invoke These Three Phrases
If you’re not free to leave, clearly and calmly assert your rights using three statements in this order:
- “I plead the Fifth.” – You’re invoking your Fifth Amendment protection against self-incrimination.
- “I want a lawyer.” – You’re asserting your Sixth Amendment right to counsel.
- “I do not consent to a search.” – This protects your Fourth Amendment rights.
Why These Phrases Matter
- Pleading the Fifth stops officers from asking questions that could incriminate you.
- Expressing the desire for a lawyer prevents custodial interrogation until legal counsel is present.
- Refusing consent to searches creates evidence that may be used later to challenge the legality of any search and protect your privacy.
Why Saying Nothing Isn’t Enough
Recent Supreme Court cases make it clear: silence alone does not assert your rights.
- In Berghuis v. Thompkins, 560 U.S. 370, 381 (2010), the Court held that simply staying silent is not enough to invoke the right to remain silent—you must make a clear, unambiguous statement to do so.
- In Salinas v. Texas, 570 U.S. 178, 183 (2013), the Court added that even during non-Miranda police questioning, if a suspect remains silent without asserting their Fifth Amendment right, the prosecution may later use that silence against them. Silence isn’t enough—you must say it.
Put simply: Don’t wait for the officer to ask; proactively say “I plead the Fifth.” Don’t just remain silent.
Common Police Tactics: Recognize and Resist Them
Police may use subtle and overt tactics to elicit cooperation or incriminating responses. Knowing them helps you stay in control.
- Appealing to guilt or making threats:
- e.g., “Only someone guilty would plead the Fifth.”
- Don’t let this psychological pressure deter you, your rights aren’t optional.
- Feigning friendliness (“Just help me understand”)
- Friendly tone can lull you into over-sharing. Don’t fall for it. Stick to your script.
- Repetitive questioning/framing same questions differently
- They’re testing your story consistency. Consistency is not guilt, but off-script responses can be used against you.
- Bad cop, good cop or aggressive behavior
- Nervous? They sense it. Escalation favors the officer. Your task: remain calm, breathe slowly, and repeat your four statements.
Your goal: Maintain composure. Say your words once, clearly and directly. Then stay silent.
What Constitutes an Arrest?
If the officer says you’re not free to leave and places you in handcuffs, orders you out of a vehicle, or reads you Miranda rights, you’re officially under arrest.
- Arrests require probable cause, which is a higher standard than reasonable suspicion.
- Miranda warnings are mandatory before any custodial interrogation. They come in after the arrest, but before questioning that could elicit incriminating statements.
Why This Strategy Works
- You preserve your legal rights. No self-incrimination. No illegal searches.
- You don’t give them ammo. Anything you say can be used as evidence.
- You set the tone for your case before it starts.
- You build your defense early. This gives your attorney critical leverage in court, or even before charges are filed.
Why Trust Marc Lopez Law Firm?
- Former Prosecutor Perspective: Marc Lopez has prosecuted cases and now defends clients, so he understands both sides.
- Hands-On Experience: The strategies outlined here aren’t theory, they’re proven in real courtroom experience.
- Compassion & Clarity: Our approach respects both your legal rights and your dignity.
- Track Record of Success: From investigatory stops to full-blown criminal charges, we’ve helped thousands navigate stressful legal terrain.
What You Should Do Next
- Memorize your four phrases. Keep them handy in your mind and consider printing them on a card.
- Stay calm during any police interaction. Anxiety can lead to mistakes. Breathe, speak softly, and repeat your lines.
- Once you’re safe, call us.
- Marc Lopez Law Firm is available at 317‑632‑3642 for free consultations.
- Whether you’ve been charged or just worried, our team can analyze your interaction and protect your rights moving forward.
Frequently Asked Questions (FAQ)
Q: Isn’t staying silent enough to assert my Fifth Amendment right?
A: No. Berghuis and Salinas make it clear: you must clearly state it or risk having your silence used against you.
Q: What happens if I say all four lines?
A: Once invoked, the police must cease questioning, and any search would require probable cause or a warrant.
Q: Can they search me anyway?
A: They may pat you down for officer safety, but they cannot conduct a full search without consent or probable cause. Your refusal strengthens your defense later.
Q: Will saying these four things make me look guilty?
A: No. The Supreme Court recognizes these are constitutional rights. Invoking them doesn’t imply guilt, going to trial does.
Final Thoughts
When you’re stopped by police, the moment you speak, you start building—or sabotaging—your legal case. You have the right to quietly assert them:
- Am I free to leave?
- I plead the Fifth.
- I want a lawyer.
- I do not consent to a search.
Anything beyond that? Stay silent.
If you’ve recently had an interaction with police—or you’re facing pending criminal charges—don’t delay. Contact Marc Lopez Law Firm at 317‑632‑3642 today. We offer experienced criminal defense, compassionate support, and an unwavering commitment to your rights. And remember—always plead the 5th.