What Should I Do if the Police Want to Question Me But I Haven't Been Arrested?

April 30, 2025

You Have Rights, Even Before Arrest — Here's What to Do When Police Want to Question You

If you've ever been stopped by police or found yourself in a situation where officers want to question you, you might wonder: What should I do? Do I have to answer their questions if I haven't been arrested yet? Can they just stop me for no reason? Can they use anything I say against me?

These are all common questions — and they're not easy to answer without understanding your rights under Florida law. If you've found yourself in this situation, the good news is you have more control than you might think. Even if you haven't been arrested, you still have constitutional rights to protect yourself.

I'll now explain the steps you should take if police want to question you, the laws that protect you, the defenses that might apply, and why hiring a private attorney is critical to your case.

Your Rights When Police Want to Question You

When the police want to ask you questions, but you haven't been arrested, you're still protected by Florida Statutes § 901.151, which governs the law on stop and frisk procedures. Specifically, if you're stopped by an officer, they must have reasonable suspicion that you are involved in criminal activity in order to initiate a stop or detention.

Florida Statutes § 901.151(2):

"A law enforcement officer may stop and detain any person in a public place if the officer has a reasonable suspicion that such person has committed, is committing, or is about to commit a crime."

This means that the police can stop you and ask you questions only if they have reasonable suspicion that you're involved in a crime. But here's the important part: you don't have to answer their questions. Even if they think you are suspicious, you have the right to remain silent.

Under the Fifth Amendment, you're not required to speak to law enforcement at all. Anything you say can and will be used against you in court. And that's why it's critical to know what to do in these situations.

What Should You Do If Police Want to Question You?

First and foremost, stay calm. It's easy to get flustered when confronted by law enforcement, but how you handle the situation can have a lasting impact on your case. Here's what to do if you're stopped by police:

Stay polite but firm.
You don't need to be rude or defiant, but you should assert your rights. You can say something like, "I would prefer not to answer any questions without a lawyer present."
Do not answer questions.
You have the right to remain silent. You do not have to tell the officer where you are going, where you've been, or what you are doing unless they have specific legal grounds to ask you.
Ask if you're free to go.
If the police don't have a valid reason to detain you, you can ask, "Am I free to go?" If they say yes, walk away calmly. If they say no, that means you are being detained, and you should consider invoking your right to remain silent.
Do not consent to searches.
You don't have to consent to a search of your person, vehicle, or property. If an officer asks for consent to search you, say, "I do not consent to a search." Saying this does not make you look guilty — it simply protects your rights.
Request an attorney.
If things escalate, or if the police inform you that you're under arrest, immediately request an attorney. You have the right to legal representation, and anything you say after requesting an attorney should be done in consultation with that attorney.

The Role of Florida Statutes and Case Law in Police Questioning

Florida law upholds your right to remain silent and not to incriminate yourself. The Fifth Amendment protects you against self-incrimination, while Florida Statutes § 901.151 protects you against unlawful stops and searches. Here's a breakdown of how these laws protect you during police questioning:

Reasonable suspicion: If the police don't have reasonable suspicion, the stop is unlawful. If they don't have a valid reason for questioning you, anything they do afterward can be challenged in court.
Right to remain silent: Under Miranda v. Arizona, 384 U.S. 436 (1966), if you are being interrogated while in custody, you must be read your rights. But even if you're not in custody, you don't have to answer questions — and anything you do say can be used against you.
No arrest required: You don't need to be formally arrested for the police to detain you or question you. A stop is a form of detention, and you are entitled to your rights even at that stage.

Common Defenses to Police Questioning

If you are arrested after police questioning, there are a few common defenses that could apply to your case, depending on the circumstances:

Unlawful stop or detention
If the police didn't have reasonable suspicion to stop you, that's a constitutional violation. If this happens, your lawyer can file a motion to suppress evidence gathered during the unlawful stop.
Failure to read Miranda rights
If the police failed to properly inform you of your rights before interrogating you while in custody, anything you said during that interrogation could be inadmissible in court.
Coercion or duress
If the police coerced you into answering questions or forced you to speak against your will, your statements could be challenged as being inadmissible under the Fourth Amendment and Fifth Amendment.
Involuntary confession
If you confessed to a crime under pressure, stress, or fear, a skilled defense lawyer might be able to argue that your confession was involuntary and, therefore, it should not be used in court.

A Real-Life Example: How I Won a Case

Let me give you an example from a case I handled recently. My client was stopped by police late at night for driving in an area known for drug activity. The officers believed he seemed nervous and started questioning him.

During questioning, my client was honest about having a prescription for medication but didn't think he was impaired. The officers believed he was under the influence, and they arrested him. However, there was no reasonable suspicion to stop him in the first place.

We filed a motion to suppress the evidence, arguing that the stop was based purely on general suspicion, not any specific facts that justified the stop. We were able to show that the police had no evidence to justify their belief that he was involved in criminal activity. As a result, the court ruled that the stop was unlawful, and the case was dismissed.

The key takeaway from this case? Don't assume the police are always right. They need solid reasons to stop you and question you, and those reasons can be challenged if they don't follow the law.

Why You Need a Private Attorney

It's tempting to think that if you haven't been arrested yet, you don't need a lawyer. But that's a big mistake. Here's why:

Police are trained to ask the right questions to gather information against you. They are skilled at getting people to say things that hurt their defense. I've seen many clients inadvertently provide evidence that ends up hurting their case.
A lawyer can protect you from self-incrimination. Even if you haven't been arrested, anything you say can be used against you. A private defense attorney is trained to ensure that your rights are protected from the very beginning.
A lawyer can challenge an unlawful stop or detention. If the police overstep their bounds, an experienced criminal defense lawyer can identify these issues and fight to get evidence thrown out.
A lawyer can prepare your defense. Whether the case is headed for trial or being negotiated with the prosecution, having an experienced attorney on your side can make all the difference in securing a favorable outcome.

If you've been stopped by police and questioned without an arrest, don't assume your rights are fully protected. Protect your future by contacting a private defense lawyer who can assess your case and fight for the best possible outcome.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – What to Do When Police Want to Question You

Do I have to answer questions from the police if I haven't been arrested?

No, you are not required to answer questions from the police if you haven't been arrested. You have the right to remain silent under the Fifth Amendment. While you may be required to identify yourself, you don't have to answer any further questions.

What is "reasonable suspicion" for a police stop?

Reasonable suspicion is the legal standard required for an officer to stop and detain you. This could be based on things like your behavior, location, or other facts that suggest criminal activity. However, it must be more than just a hunch; the officer must have specific facts that justify the stop.

Can the police search me if they haven't arrested me?

In general, police need a reason to search you or your vehicle. They cannot perform a search without either your consent, a warrant, or probable cause. If they search you without your consent or a legal basis, evidence obtained during that search may be inadmissible in court.

Can I walk away if I'm being questioned but not arrested?

If you are not being detained and the police have no legal reason to stop you, you can ask, "Am I free to go?" If they say yes, you are free to leave. If they say no, they are detaining you, and you should consider invoking your right to remain silent and ask for an attorney.

What should I do if I'm not sure if I'm being arrested or not?

If you're uncertain whether you're being arrested, always ask the officer. You can say, "Am I free to go?" or "Am I under arrest?" If the officer says no, it's important to remain calm and ask for a lawyer. If you are arrested, you should be informed of your rights immediately.

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