When you are detained or arrested by police officers, it is natural to want to cooperate. The experience is often scary and your anxiety might cause you to start talking, wanting to tell your side of the story.
Police officers count on this because your statements often provide them with additional evidence they need to make their case. While you should always remain polite and respectful, you do not need to answer questions police officers ask or tell them what happened.
Your rights under the Fifth Amendment
This is part of your right to remain silent, which is guaranteed to you under the Fifth Amendment to the U.S. Constitution. Your right to remain silent generally applies in all situations with police officers, but it should be explicitly read to you as part of your Miranda warnings if you are arrested.
There are some minor exceptions to this general rule. You should provide police officers with your name and a form of identification if they ask.
After that, you can assert your right to remain silent. There are many reasons why you should exercise this right.
You are presumed innocent
Our legal system is based on a presumption of innocence. In a criminal action, you are assumed innocent until proven guilty beyond a reasonable doubt. Remaining silent allows you to protect this assumption.
Your right to remain silent also protects you against aggressive or coercive questioning by police officers. If you talk, what starts out as polite questioning by the police could quickly turn into more harassing language or behavior by police officers.
However, if you remain silent from the start, it makes is difficult for police officers to engage in harassing or abusive behavior.
Less chance of making false statements
Additionally, your nervousness may cause you to make false statements. You might intend to tell the truth, but the stress of the situation could cause you to say something incorrectly. Exercising your right to remain silent allows you time to compose yourself and consult with an attorney.