Blog Post: Do You Have to Talk to Police If You’re Not Under Arrest?
Posted: August 1, 2025
Do You Have to Talk to Police If You’re Not Under Arrest?

You’re stopped by police but not arrested — do you have to answer their questions?

Whether it’s at your door, on the street, or in your car, knowing your rights during a police interaction is critical. Just because you’re not under arrest doesn’t mean you’re required to talk.

Here’s what to know when it comes to speaking to the police — or not.

Under the Fifth Amendment, you never have to answer questions that might incriminate you — even if you haven’t been arrested.

You can simply say:

“I choose to remain silent.”

In some states (like Nevada), you must provide your name when lawfully detained — but nothing more.

A detention means you’re not free to leave — even if you’re not cuffed or arrested.

Ask:

“Am I free to go?”

If the answer is yes, you can walk away.

In general, no. If you’re being questioned in connection with a crime, always say:

“I want to speak with an attorney.”

Even innocent people can unknowingly say things that hurt them later.

You’re not required to talk to the police just because they ask. Protect your rights — and let Vikk AI connect you with a criminal defense attorney if you’re under investigation or feel unsafe.