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The Right to Remain Silent

Posted by Scott Markowitz | Apr 09, 2025 | 0 Comments

🚔 Did you know? You have the right to remain silent! If you're stopped by police, be respectful but don't volunteer information.  You have the constitutional right to remain silent and refuse to answer questions from law enforcement officers.  Protect yourself!⚖️ 

  • Exceptions to Remaining Silent:

    • Identification: In some states, you may be required to provide your name if asked to identify yourself. 

    • Traffic Violations: If you are driving and pulled over for a traffic violation, the officer can require you to show your license, vehicle registration, and proof of insurance. 

  • What to Say:

    • If you choose to exercise your right to remain silent, say something like, "I would like to remain silent" or "I want to speak to a lawyer". 

    • If you are a passenger in a car, you can remain silent and not identify yourself at all, forcing the officer to establish separate reasonable suspicion that you've committed a crime. 

  • Do Not:

    • Give any statements or answer any questions other than name, date of birth, and address. 

    • Agree to a search without a warrant or reasonable suspicion. 

    • Discuss your immigration or citizenship status with the police. 

  • You can Ask:

    • "Am I free to leave?" 

    • "Why was I pulled over?" 

About the Author

Scott Markowitz

Scott Markowitz is a 2nd generation attorney, graduate of the University of Texas and the University of Houston Law School. He is a Texas Gulf Coast native and established the Markowitz Law Firm in 1994. "Empathetic and tenacious" is how some describe Scott. Those qualities coupled with his robu...

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