Don’t Talk to Police

Edwina ElcoxCriminal Defense, Edwina Elcox

You have been contacted by police – should you talk to them? Here is some free legal advice. NO. The Fifth Amendment to the United States Constitution guarantees the right of a person to refuse to answer questions that might incriminate them. You aren’t going to talk yourself out whatever the police have contacted you about. You won’t necessarily know if even the most basic information you provide to police could potentially be used against you.

For example, were you at Shorty’s Bar last Wednesday? You have just corroborated that you were at the place where a crime occurred. You don’t know if police could prove you were there one way or another. If you answer no and you were there, now you have just lied. If you lie to an officer, you can be charged with a crime. For example, providing false information1 or resisting and obstructing2. Even if you aren’t charged with an additional crime, police and prosecutors will assuredly view your dishonesty suspiciously. Police are allowed to lie to you in the course of their investigation. Police regularly utilize deception to try to get people to make a confession. They exaggerate and outright makeup that they have evidence against you. However, if a person invokes the right against self-incrimination, the fact that they chose to do so cannot be used against them.

People often ask if they are required to provide an ID when asked to do so by an officer and there are situations where you are required to do so. If you are stopped by police while you are driving, you are required by Idaho law to provide your driver’s license to an officer when requested3. Idaho law also requires that a person who is buying or attempting to buy alcohol, in possession of or consuming alcohol or purchasing alcohol to provide identification when an officer requests it4. The same law also requires a person to provide identification to an officer if they are in a place that is licensed to sell alcohol.

What do you if you are contacted by police:

  • Be polite, calm, don’t run or make any false statements or give any false documents.
  • Provide valid identification and any requested documentation, if required to do so by law. For example, your vehicle registration or proof of insurance.
  • Politely decline to answer any questions. Don’t offer any excuse or explanation. Say that you want an attorney. Don’t phrase the request as if you are asking if you need or should get an attorney. Specifically, and unequivocally, say that you want an attorney. STOP TALKING. Stay silent.
  • If you are detained or arrested, do not argue or resist, regardless of how unfair the arrest may be. Comply with the officer’s commands. Keep your hands where they can be seen by the officers. Don’t make any sudden movements. CONTINUE TO REMAIN SILENT.

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  1. Idaho Code § 18-5413
  2. Idaho Code § 18-705
  3. Idaho Code § 49-316. https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH3/SECT49-316/
  4. Idaho Code § 23-943A