How to Respond When the Police Want to Talk to You

What to Do When the Police Ask, “Do You Know Why I’m Here?”

When you’re approached by the police, knowing how to respond can make all the difference. Take this example from Above the Law, which featured the headline:

“But I'm A Lawyer" Remains Winless Against Police.

In this case, an unruly, intoxicated lawyer tried to use her profession to challenge the police during a confrontation in a Chili’s restaurant. Needless to say, it didn’t work in her favor.

Social Media and Misleading Tips on Police Encounters

If you do a quick tour of Instagram and other social media, you’ll run across hundreds of ‘police-pedestrian-driver-diner-etc.’ videos. You’ll also pull up at least the same number of ‘how to interact with the police’ instructions by people who have done their own research into the very best way to protect your Constitutional rights when approached by a police officer.

While none of them begin with ‘but I’m a lawyer,’ they all tend to end up much like the Chili’s diner.

The Right Advice: Ask for an Attorney

We routinely advise people to not talk to the police and to ask for an attorney. Which is great advice. What we don’t talk about is how to get there.

How to Transition to “Lawyer, Please”

What we mean is how do you get from “How are you today?” to “Lawyer, please,” without making things worse?

The internet . . . and the media . . . and newspapers and the news and everywhere else you can think of are full of people at best ignoring a police officer and at worst escalating a simple interaction into a serious incident.

Statements like:

A hundred other statements may be correct, but at the point of contact with a police officer, they mean nothing in that moment. Those are the things you hold back and tell your attorney later.

The Importance of Remaining Polite During Police Encounters

In the moment, it hurts nothing to be courteous when approached. It hurts nothing to engage in the smallest of small talk—‘nice day,’ ‘how about those Seahawks,’ ‘the Mariners, am I right?’ and more.

There is no harm in being polite. There is harm in volunteering information. Any information beyond your name and handing over your license, registration, and insurance info (assuming it’s a traffic stop) is neither required nor helpful—to you.

The Balancing Act: Being Polite Without Over-Sharing

We realize this creates a balancing act and the potential for an uncomfortable encounter. No one wants to be seen as rude or cold or a jerk, particularly by someone who can impact your life.

The alternatives, though, are much worse than being taken for a cold fish.

A Real-World Example: The Risk of Talking Without a Lawyer

While writing this, the “Greatest TV show to not be on streaming” was finally released on Peacock: Homicide, Life on the Street.

A great deal of Homicide takes place in ‘the Box’—the interrogation room. The first season was filmed in 1993, and it was based on a non-fiction book by David Simon, who went on to create The Wire. He spent a year with Baltimore homicide detectives, and the show is based on what he saw and wrote about. So, what we’re watching is based on reality.

The reality in 1993 Baltimore is a parade of witnesses and potential suspects sitting in the Box freely answering questions—at least until it becomes clear the detectives are linking them to the crime. Some ask for lawyers then; some just pack it in and confess.

Why It's Hard to Refuse Police Requests

What’s really notable about these scenes is that almost everyone enters the Box voluntarily, and it’s easy to see why: saying no might show that you’re hiding something; saying no when they keep saying they want to talk is rude; not helping when you’re asked seems like you’re being a jerk; and a hundred other emotions.

It is, in fact, very—very—hard to say no. So don’t. Just say, “As soon as my lawyer gets here, we can talk.”

The Cost of a Mistake: Don’t Let Your Words Be Used Against You

The alternative is making a mistake that, as we’ve shown in many a blog and newsletter, could take years to fix.

No need to take our word for it, here’s what the star interrogator of Homicide says about his craft:

“What you will be privileged to witness will not be an interrogation, but an act of salesmanship—as silver-tongued and thieving as ever moved used cars, Florida swampland, or Bibles. But what I am selling is a long prison term, to a client who has no genuine use for the product.”

Protect Your Rights – Contact Us Before Speaking to the Police

It’s simple: if the police want to talk to you, take us with you. We’re not available to help in a used car lot or dealing with the salesmen from Glengarry Glen Ross, but we’re there for the interview.

If you're approached by law enforcement and unsure of what to say, don’t risk making a mistake. Contact us immediately to ensure your rights are protected. Our experienced legal team is here to guide you through the process and provide the representation you need.