Know these before you're ever stopped.
You have the right to stay silent and to ask if you're free to go. You can decline a search. But there are a few things you must do — and resisting is never one of them. Here's the plain version.
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In 30 seconds, here's what's true
- You can ask 'Am I being detained?' and 'Am I free to go?' If you're free to go, you can leave. If you're detained or arrested, they must tell you why.
- You have the right to remain silent. Beyond identifying yourself when you're driving, you usually don't have to answer questions — and 'I want to speak to a lawyer' is a complete answer.
- If you're driving, you must show your licence, insurance, and registration. You can still decline to answer other questions.
- You can say no to a search of your car or phone. Police need a lawful reason, a warrant, or your consent — and you don't have to give consent.
- If police ask for a roadside breath sample, you must give one. Refusing is a criminal offence with penalties as serious as impaired driving.
How the process works
Stay calm and keep your hands visible
Whether the stop is fair or not, stay calm and don't physically resist. If something's wrong, the place to fight it is in court — not on the roadside.
Ask if you're free to go
A simple 'Am I being detained, or am I free to go?' tells you where you stand. If you're free to go, you can leave without answering more questions.
Give the documents you must, decline the rest
If you're driving, hand over licence, insurance, and registration. You can stay silent on other questions and decline consent to a search.
Provide a breath sample if asked
At a lawful stop, police can require a roadside breath sample with no suspicion needed. You must comply — refusing is a separate criminal charge.
Ask for a lawyer if detained or arrested
Say you want to speak to a lawyer. There's free 24-hour duty counsel for anyone under arrest. Start a free PLAIN session to understand your rights.
What to do next
- Stay calm; never physically resist, even if the stop feels unfair.
- Ask: 'Am I being detained, or free to go?'
- If driving, have licence, insurance, and registration ready.
- You can stay silent on other questions.
- You can decline consent to a search of your car or phone.
- Provide a breath sample if asked — refusing is a crime.
- If detained or arrested, ask to speak to a lawyer.
- Start a free PLAIN session to learn your rights.
Common myths
| Myth | Reality |
|---|---|
| I have to answer all of a police officer's questions. | You don't. Apart from identifying yourself when driving, you have the right to stay silent. Saying you want a lawyer is enough. |
| I have to let them search my car or phone. | No. Police need a lawful reason, a warrant, or your consent — and you can decline to give consent. |
| I can refuse a roadside breath test. | No. At a lawful stop you must provide a breath sample if asked. Refusing is a criminal offence with penalties like impaired driving. |
| Police always have to read me my rights right away. | Your rights to silence and a lawyer apply on detention or arrest, but the timing isn't a TV script. If in doubt, ask for a lawyer and say little. |
| If an arrest is unlawful, I can physically resist. | Don't. Resisting can lead to new charges and danger. Comply now and challenge the arrest in court later. |
| If I'm innocent, I don't need a lawyer. | You still do. Talking without advice can hurt you even if you've done nothing wrong. Ask for a lawyer. |
| I have to give my name in any street stop. | In a voluntary street check you can decline to identify yourself, and the officer must tell you that. Driving is different — then you must identify yourself. |
| I can't record the police. | You can record police in public as long as you don't physically interfere with what they're doing. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with a licensed professional.
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