What Should I Say, or Not Say, to the Police?

Speaking to the police is one of those moments where seconds matter and words echo. A calm, informed approach can protect your rights and your future, while a rushed or casual comment can become evidence used against you. This guide explains what to say, what not to say, and how to navigate encounters with law enforcement in Missouri, from routine traffic stops to high stakes custodial interviews. It is grounded in constitutional rules that apply nationwide and practical insights from defending clients in Taney, Stone, and Christian Counties. It is not legal advice for your specific situation. If you are facing questioning or have been arrested, contact Scrivner Law Firm to speak with criminal defense attorney and former prosecutor Dayrell Scrivner.

The Big Picture: Your Rights and Why Your Words Matter

The Constitution protects your right to remain silent and your right to an attorney. Those rights are real, but they only help you if you clearly use them. Officers can ask questions in many settings. You do not have to answer most of those questions. You must provide basic identifying documents during a traffic stop if you are driving. Beyond that, silence is usually the safer choice.

Police interviews are designed to gather information, confirm suspicions, and preserve statements. Conversations are often recorded. Notes are taken. Even small details can be matched to surveillance, phone records, or witness accounts. A simple apology can be spun as an admission. An attempt to talk your way out can be portrayed as a shifting story. The smartest move in most scenarios is to stay polite, keep it brief, and clearly ask for a lawyer.

A Working Script You Can Use

Short, clear phrases help you avoid saying too much.

“I want to remain silent.”
“I want a lawyer.”
“Am I free to leave?”
“I do not consent to any searches.”
“I will not answer questions without my attorney.”

These sentences are respectful and firm. They are also legally important. Courts require that you assert your right to remain silent in an unambiguous way. Hints, sarcasm, or partial answers can undermine your protection. Be direct, use these words, and then stop talking.

Encounters That Do Not Feel Serious But Are

Many police contacts begin informally. An officer might say they just want to clear something up or confirm your side of the story. You may hear that honesty goes a long way or that talking will make things easier. This is common. Officers are allowed to use many types of interview techniques. Some invitations to talk come before Miranda warnings. Some happen after. The risk is the same. Anything you say can end up in a report, and anything in that report can be used in court.

If an officer asks for your side, thank them, state that you will cooperate through counsel, and ask for a lawyer. You can always share your side later with your attorney’s guidance.

Traffic Stops in Missouri: What You Must Provide and What You Can Decline

The basics you must provide

If you are driving, you must show your driver’s license, registration, and proof of insurance. Keep your hands visible. Move slowly. Tell the officer where your documents are before reaching. Provide your name if asked. These steps reduce tension and fulfill your legal obligations.

Questions you can politely decline

After the basics, you do not have to answer investigative questions. You do not have to explain where you are coming from, where you are going, who you were with, or whether you had anything to drink. You do not have to discuss what is in your car. You can say, “I choose to remain silent” and repeat it as needed.

Searches of your car

Police sometimes ask, “Mind if I take a look?” Consent makes a search legal even without a warrant. If you say yes, the search usually becomes much harder to challenge. If you say no, officers may still search if they have probable cause or a lawful reason like an impound inventory, but they must justify that decision later. Protect your rights with a clear statement: “I do not consent to any searches.”

Field sobriety tests and roadside breath tests

In Missouri, standardized field sobriety tests are voluntary. The small roadside breath test device is typically preliminary and also voluntary. There are strategic reasons to decline both, especially if you are not confident in your performance. The evidentiary breath or blood test at a station is different and tied to Missouri’s implied consent laws. Refusal after arrest can trigger a license revocation and other consequences. These decisions carry tradeoffs that depend on the facts. The safest course is to ask for a lawyer as early as possible and avoid explaining your choices on the roadside.

Street Encounters and Investigative Stops

“Am I free to leave?”

If an officer engages you on the street, ask, “Am I free to leave?” If the answer is yes, leave calmly. If the answer is no, you are being detained. You still do not have to answer investigative questions. Provide your name if lawfully required in the specific context. Do not run or pull away. Do not argue about the stop on the sidewalk. Assert your rights and save the legal challenge for court.

Pat downs and safety checks

During a detention, officers may pat down your outer clothing if they reasonably suspect you are armed. Do not consent to anything more extensive. Say, “I do not consent to any searches,” and keep your hands visible. Do not resist. If officers go beyond a pat down, your lawyer can challenge it later.

Miranda Warnings and Custodial Interrogation

Miranda warnings are required before custodial interrogation. Custody means you are under arrest or your freedom is restricted in a significant way. Interrogation means questioning or its functional equivalent. If you are not in custody, officers can ask questions without reading Miranda. If you are in custody and officers ask questions likely to elicit incriminating responses, they should read you the warnings. There are exceptions, including public safety concerns, but the core rule is stable.

Do not wait for warnings to protect yourself. You can invoke your rights even before Miranda is read. Say, “I want to remain silent” and “I want a lawyer.” Once you ask for a lawyer in a clear way, questioning about that offense should stop until counsel is present, unless you choose to reinitiate. If officers continue to push, repeat your request and remain silent.

The Fifth Amendment Right to Counsel vs. The Sixth Amendment Right to Counsel

These rights are related but operate differently. The Fifth Amendment right to counsel protects you during custodial interrogation and is triggered by your clear request. The Sixth Amendment right to counsel attaches after formal charges are filed and is offense specific. The takeaway for you is simple. If police want to question you, ask for a lawyer no matter the stage. Do not guess which right applies.

What Not To Do

Do not lie. False statements can create new charges and destroy credibility. Silence is powerful and safe. Do not argue or interfere with an investigation. Do not consent to searches of your home, car, phone, or bags. Do not guess about facts. Do not try to outsmart interrogation techniques. Do not post about the encounter on social media. Do not contact potential witnesses to coordinate stories. Call a lawyer first.

Cell Phones, Passcodes, and Digital Privacy

Your phone contains a detailed record of your life. Treat it as such. Do not consent to searches of your phone or cloud accounts. State, “I do not consent to any searches of my phone or devices.” Whether you can be compelled to unlock a device can involve complex Fifth Amendment issues that turn on whether the act is testimonial. Biometric unlocking and passcodes raise different questions. The best practice in the moment is to refuse consent, request a lawyer, and say nothing more about your device.

Your Home and Your Privacy

Your home has the highest level of protection. Officers typically need a warrant, valid consent from someone with authority, or an emergency circumstance to enter and search. If officers come to your door and ask to talk, you can speak through the closed door or step outside and close it behind you. You can decline to let them in without a warrant. If officers present a warrant, step aside, state that you do not consent to a search, and call your lawyer. Do not obstruct. Observe and take note of what is searched.

Interviews at the Station

If officers say they would like you to come to the station to answer a few questions, remember that you can say no unless you are under arrest. If you decide to go, you can leave unless the officer tells you that you are not free to go. Ask plainly, “Am I under arrest or free to leave?” If questioning begins, stop it with a clear invocation. Do not try to talk your way through. Do not sign written statements without a lawyer.

Juveniles and College Students

Young people are particularly vulnerable to pressure. A calm adult and a lawyer can make a huge difference. If your child is being questioned, tell them to ask for a parent and a lawyer and to remain silent until counsel is present. School administrators sometimes sit in during interviews. The setting may feel informal, but the stakes can be high, and statements can be shared with police. Encourage your child to use the script. The same goes for university students, where campus security or Title IX staff may coordinate with law enforcement.

Immigrants and Noncitizens

If you are not a U.S. citizen, the decision to speak can affect your immigration status. Do not discuss where you were born, how you entered the country, or your current status without a lawyer. Ask for counsel immediately. Provide only what the law requires in a traffic stop. Do not sign any documents without advice from an attorney who understands criminal and immigration consequences.

Recording the Police

In Missouri, you may generally record police in public where you have a right to be, as long as you do not interfere with their duties. Keep a safe distance. Do not obstruct. Announce that you are recording if that will deescalate tension. If asked to stop, you can state calmly that you are exercising your right to record. Never reach suddenly into pockets or bags while tensions are high. If an officer orders you to put the phone down for safety reasons, comply while continuing to assert your right verbally. Save the legal debate for later.

After the Encounter: What To Do Next

Write down everything you remember. Times. Locations. Badge numbers if you have them. Names of witnesses. Take photos of any injuries. Preserve receipts, call logs, and messages. Do not post about the event. Do not contact the other side. Call a lawyer. Early legal help can preserve video footage and 911 recordings before they are deleted, instruct you on how to handle calls from detectives, and start building the record that protects you.

Frequently Asked Situations and What To Say

“The officer asked me to step out of the car.”

You usually must comply. Step out slowly, close the door behind you, and lock the car if appropriate. Do not consent to searches. If asked to sit on the curb, comply calmly. Keep invoking your right to remain silent.

“They said I would look guilty if I asked for a lawyer.”

Exercising your rights is not evidence of guilt. Say, “I want a lawyer,” and stop talking. Jurors are instructed not to hold an invocation against you. Your liberty is more important than pleasing an officer during an interview.

“They told me it was just a conversation.”

If you are free to leave, leave politely. If you are not free to leave, say you want a lawyer and stop answering questions. Nothing about the label conversation reduces the legal risk of what you say.

“The detective left a card and asked me to call back.”

Do not call. Have your attorney call instead. A lawyer can gather information about the investigation without giving the state a free recorded statement from you.

“They asked if they could search my backpack.”

Say, “I do not consent to any searches.” If they search anyway, do not interfere. Your lawyer can challenge the legality later.

Limited Situations Where Saying Something Helps

Your silence should be the rule. There are narrow exceptions where a short statement can protect you.

You can state, “I want my lawyer.”
You can ask, “Am I free to leave?”
You can say, “I do not consent to any searches.”
You can provide your license, registration, and insurance during a traffic stop if you are driving.
You can ask for medical help if you are injured or ill.

A brief emergency statement for safety is also reasonable. For example, “There is a person unconscious in the back seat,” or “My insulin is in the glove box.” Keep it strictly about immediate safety.

How Prosecutors Use Statements

Prosecutors review reports, body camera footage, recorded interviews, and even casual comments picked up by dash microphones. They look for admissions, motives, timelines, and inconsistencies. A stray remark can fill a gap in the state’s case that would otherwise exist. An apology can be framed as acknowledging fault. A nervous story that evolves under pressure can be labeled deception. Remaining silent prevents these risks and preserves your defense options.

Why Having a Former Prosecutor in Your Corner Matters

Attorney Dayrell Scrivner has seen the system from the inside. That experience informs how we respond to police requests for interviews, how we prepare clients for surrender when necessary, how we push back on investigative overreach, and how we challenge statements that were taken improperly. We know the difference between productive cooperation and self-inflicted harm. We also know how to use the rules of evidence to exclude unreliable or unlawfully obtained statements.

Practical Tips You Can Remember Under Stress

Put your phone on video before the officer arrives if it is safe to do so. Keep your wallet and registration easy to access so you do not fumble. Practice the short script so it comes naturally. If you are with friends or family, agree ahead of time that no one will speak to police about what happened without a lawyer present. Decide that no one will text or post about the situation. Ask for your lawyer early and stop talking completely.

Common Myths to Avoid

If you think the truth will set you free, it might, but only through the right process. Telling your story to your lawyer first allows it to be tested, strengthened, and presented in a way that does not expose you to added risk. Another myth is that refusing to talk makes things worse. Officers may be frustrated, but jurors do not get to hear that you stayed silent. Your choice protects you. A third myth is that only guilty people need lawyers. Innocent people face investigation and arrest too. A lawyer protects the innocent by making sure the facts are developed correctly and your rights remain intact.

What To Expect If You Invoke Your Rights

You may be detained longer while officers decide what to do. The conversation can become quiet or awkward. That is fine. You might be arrested or you might be released. Your decision to remain silent does not control that outcome, but it does control the evidence available against you. If you are arrested, keep invoking your rights, refuse consent to searches, and wait to speak with counsel. At the jail, do not talk about your case on recorded phone lines. Those calls are logged and often monitored. Save the details for your attorney during a confidential meeting.

How Scrivner Law Firm Protects You After an Arrest or Investigation

We start by stopping further interviews and communications so the state does not gather more statements. We obtain police reports, recordings, and warrants. We evaluate whether you were in custody, whether Miranda applied, whether your invocation was honored, and whether any statements were voluntary. If officers ignored your rights or used improper tactics, we file motions to suppress. If the case proceeds, we build the defense through investigation, expert analysis, and targeted negotiations. Throughout, we counsel you on what to do and what not to do, including how to handle future contact with law enforcement.

A Final Word You Can Rely On

You do not have to talk to the police about anything beyond your basic identifying documents at a traffic stop. You do not have to consent to searches. You can and should ask for a lawyer early. Clear words, delivered calmly, are your shield. When you protect your rights in the moment, you protect your future in court.

Talk With Scrivner Law Firm Today

If you have been contacted by police, faced with a request for an interview, or arrested in Southwest Missouri, reach out now. The decisions you make in the first minutes of an encounter can shape your case for months. Scrivner Law Firm is led by attorney and former prosecutor Dayrell Scrivner. We represent clients in Taney, Stone, and Christian Counties and across the surrounding region. We will step between you and law enforcement, put a stop to questioning, and guide your next steps with a focus on results.

Call to schedule a confidential consultation. Bring us the facts, the officer’s card, and any paperwork. We will review your situation, explain your options, and take swift action to protect your rights. The safest words you can say to police are simple. I want to remain silent. I want a lawyer. Then call Scrivner Law Firm.