Can you remain silent while detained?

A: No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be pun- ished for refusing to answer a question.

Can you not say anything to police?

The Police and Criminal Evidence Act provide police officers with powers to arrest. Indeed, there is nothing to prevent a police officer from speaking to anybody. Whether that person consents to speaking with the police officer is obviously another matter.

What does Am I being detained mean?

If you are being detained, this means they do not have evidence to officially arrest you. If you are being arrested, you have the legal right to know why you are being arrested.

Can you be detained by the police without a reason?

You also cannot be detained illegally. If they say you aren’t free to go and it later comes out that they had no cause to hold you, that’s something to take up with your lawyers. Usually, if you are free to go it’s called a “voluntary interaction” with police.

Can a police officer say you are under arrest?

Unlike in the movies, police do not necessarily say, “You are under arrest.” In fact, if a detainment lasts too long, it can automatically turn into a de facto arrest. If it’s not clear to you what is happening, ask, “ Am I under arrest?

What to do if the answer to your detainment question is no?

If the answer to your detainment question is a “no”, then you should ask whether you’re being arrested. Learn the difference between the two so you can understand how police will treat you in each situation along with what rights you have as a detained suspect vs an arrested individual.

What questions should I ask a police officer who is detained?

Ask “Am I being detained?” If there is one thing I want you to remember, it is to ask any cop that wishes to speak with you “Am I being detained?” or “Am I free to go?” When a cop says no, or indicates in any other way that you’re are not free to go (either by show of force or otherwise), your constitutional rights truly kick in.