Should You Talk to Police in Indiana?
Usually, no. If police suspect you of a crime, ask whether you may leave. Do not consent to searches. Clearly invoke your rights to silence and counsel. Then stop talking. Miranda warnings generally apply only during custodial interrogation.
These federal rules apply throughout Indiana, including Indianapolis and the surrounding Central Indiana counties.
When must police read me my Miranda rights?
Police do not have to read Miranda warnings during every conversation.
Miranda generally applies when both conditions exist:
- You are in custody.
- Police are interrogating you.
Police may ask questions before an arrest without first reading Miranda warnings. Questioning at a police station is not automatically custodial. Courts examine whether a reasonable person would feel free to end the interview and leave. Oregon v. Mathiason, 429 U.S. 492, 495 (1977).
This distinction matters in Marion, Hamilton, Hendricks, Johnson, and other Indiana county courts. Statements made during voluntary questioning may become evidence later.
What should I say when police want “my side of the story”?
An officer may say, “We just want to hear your side.”
You are not required to explain, defend, or reconstruct events during an investigation. Your statements may appear in reports, recordings, probable-cause affidavits, and courtroom testimony.
A clear response is:
“I am not answering questions. I want a lawyer.”
Do not provide a partial explanation before invoking your rights. A short answer may create new questions, inconsistencies, or evidence against you.
Your attorney can present relevant information after reviewing the State’s evidence.
What should I say when police ask to search?
Police may ask permission to search your home, vehicle, phone, bag, or other property.
In Schneckloth v. Bustamonte, the Supreme Court held that consent must be voluntary under the circumstances. However, officers generally do not have to explain that you may refuse consent. Schneckloth v. Bustamonte, 412 U.S. 218, 227–249 (1973).
Say:
“I do not consent to any searches.”
Remain calm and do not physically interfere. Follow lawful safety commands. If officers search anyway, let an attorney challenge the search later.
An officer’s request for consent does not necessarily prove that no other search authority exists. It simply means the officer is requesting voluntary permission.
What if police say I am not under arrest?
“Not under arrest” does not always answer whether you are free to leave.
Ask:
“Am I being detained, or am I free to leave?”
If the officer says you are free to leave, leave calmly. Do not remain and continue the conversation.
If you are detained, say:
“I am exercising my right to remain silent. I want a lawyer.”
A detention does not automatically trigger Miranda. Custody depends on the entire encounter, not one label used by an officer.
Can police lie during an investigation?
Police may use some factual deception during questioning. That authority is not unlimited, and coercive conduct may still invalidate a statement.
In Frazier v. Cupp, officers falsely claimed that the suspect’s cousin had confessed. The Supreme Court concluded that this deception did not, by itself, make the resulting confession involuntary. 394 U.S. 731, 739 (1969).
An officer might claim that another person talked or that evidence already exists. Do not argue or attempt to outsmart the questioning.
Repeat:
“I am not answering questions. I want a lawyer.”
Do not respond with false information. Indiana Code § 35-44.1-2-3 addresses false reporting and false informing. In Indiana giving false information to the police is a crime. Remaining silent is different from making a false statement.
Is saying “Maybe I need a lawyer” enough?
Possibly not.
In Davis v. United States, the Supreme Court required a sufficiently clear request for counsel. An ambiguous statement may not require officers to stop questioning. 512 U.S. 452, 459–462 (1994). (Supreme Court)
Say:
“I want a lawyer.”
During custodial interrogation, a clear request for counsel generally requires police-initiated questioning to stop. Edwards v. Arizona, 451 U.S. 477, 484–485 (1981). (Supreme Court)
You should also clearly invoke silence. In Berghuis v. Thompkins, the Court held that extended silence did not clearly invoke that right. The suspect later answered a question, creating an implied waiver. 560 U.S. 370, 381–385 (2010).
Salinas v. Texas also involved silence during voluntary, pre-arrest questioning. The controlling plurality rejected the claim because the suspect had not expressly invoked the Fifth Amendment. 570 U.S. 178, 181–191 (2013).
What exact words should I remember?
Use these four statements:
- “Am I being detained, or am I free to leave?”
- “I do not consent to any searches.”
- “I am exercising my right to remain silent.”
- “I want a lawyer.”
After saying them, stop discussing the investigation. Do not explain your decision or answer follow-up questions.
Anyone questioned or arrested in Central Indiana may contact the Marc Lopez Law Firm for a confidential consultation. An attorney can review the encounter, statements, searches, and possible charges. Give us a call today at 317-632-3642, and remember, always plead the Fifth.
