These six questions are the most essential to remember during police interactions.
1. Am I Free to Leave?
One of the most critical questions to ask during any police stop is: “Am I free to leave?” This question determines whether the stop is voluntary or if the officer is detaining you. If the officer says yes, you are not being detained and can walk away. If they say no, they must have a legal reason to keep you there.
Under Ohio law, you are not required to answer an officer’s questions beyond providing your name, address, and date of birth if lawfully stopped. However, you do not have to remain at the scene unless the officer legally detains you.
2. Am I Being Detained?
If the officer does not let you leave, follow up by asking, “Am I being detained?” Under the Fourth Amendment, police must have reasonable suspicion that you are involved in criminal activity to detain you. However, if they cannot provide a valid reason, the detention may be unlawful.
If an officer does not provide a clear reason for detention, you can reiterate that you wish to leave and ask if you are under arrest.
3. What Crime Am I Suspected of Committing?
Police must have a specific and articulable reason to stop or detain you. If you are detained, ask, “What crime am I suspected of committing?” Officers cannot detain individuals indefinitely without a legitimate, stated reason for the stop.
Under Ohio law, an officer’s reasonable suspicion must be based on objective facts—not just a hunch or vague feeling. If the officer cannot specify a crime or provide a reasonable basis for suspicion, your detention may be unlawful. You have the right to challenge this in court later if the stop was improper.
4. Do I Have to Answer Your Questions?
In most situations, you have the right to remain silent. You can ask: “Am I required to answer your questions?”
In Ohio, the law requires individuals to provide their name, address, and date of birth if lawfully stopped, but you are not obligated to answer additional questions without an attorney present. Politely stating, “I am exercising my right to remain silent,” can help to avoid self-incrimination.
5. Do You Have a Warrant to Search Me or My Property?
If law enforcement asks to search your belongings, vehicle, or home, you have the right to ask, “Do you have a warrant?” In most cases, police need a valid search warrant signed by a judge to conduct a search. If they do not have one, you can legally refuse the search unless they have probable cause to believe that a crime is occurring or there are exigent circumstances—for example, if the evidence is at risk of being destroyed or an emergency situation requiring immediate action.
In Ohio, your refusal to consent to a search cannot be used as evidence of guilt or wrongdoing. However, certain exceptions may apply, such as:
- Searches Incident to an Arrest: Police can search you and the area within your immediate control after a lawful arrest.
- Plain View Doctrine: Police can seize evidence without a warrant if they see it in plain view while they are legally present in the area.
If the officer does not have a warrant, politely assert your right to refuse the search. If they proceed without your consent and without a valid legal justification, this may be a violation of your rights.
6. Am I Under Arrest?
If police continue questioning you or attempt to hold you for an extended period, ask: “Am I under arrest?” If the answer is yes, ask for an attorney and remain silent until legal representation is present.
If you are under arrest, do not resist. Comply with the officer’s demands, even if you believe the arrest is unjust. When possible, calmly ask to speak with a lawyer.
