Can Police Bring You in for Questioning Without a Warrant?

It’s widely understood that police need a warrant to search your home. They need probable cause if they intend to arrest you for a crime. And every procedural show on the planet has made sure that everyone in the United States understands they have the right to remain silent. But what if you’ve simply been asked to answer questions? Should you ask to see a warrant before you talk to the police?

The answer depends on the circumstances. For example:

• Are you there voluntarily, or is the police question being issued for investigatory purposes?
• Do the police have reasonable suspicion that you committed a crime or participated in it?

These conditions influence the police’s legal options. To protect yourself when the police bring you in for questioning, it is important to understand your rights and the potential consequences if you refuse to answer their questions.

What is a Warrant?

Judges issue warrants to give police the legal authority to either search a home or bring someone into custody. Even during these situations, the police do have options they can pursue without a warrant. They are given freedom through the concept of probable cause.

For example, if they see someone robbing a convenience store, they don’t have to idle in the parking lot while the crime unfolds until a judge can issue them a warrant.

Questioning is a little bit different. Police usually do not need a warrant simply to ask you questions. In many cases, people are asked to come down to the station without fully understanding that being questioned by the police is often optional.

Of course, that doesn’t necessarily mean you can just leave. Sometimes, police will make an arrest after they have brought someone in for questioning. In these situations, you still don’t have to answer questions without a criminal defense lawyer–or answer questions at all, for that matter–but you will no longer be free to leave of your own will.

What Happens If You Refuse Police Interrogation?

If the police want to conduct questioning without a warrant, they usually will not be able to detain you against your will. You can generally refuse to answer questions that you feel may incriminate you.

In some cases, the police may want to question you without making a formal arrest, even when they have an arrest warrant. Why? There are two important differences between voluntary and custodial questioning. During custodial questioning, you are under arrest. You are not free to leave at your own discretion.

Police may favor a “voluntary interrogation” because they do not have to issue Miranda Rights. Most people know that it is best to stop talking and make sure they have an attorney present when they are under arrest. During voluntary questioning, you can technically leave at any time.

What Are Your Rights?

We’ve all heard a shortened version of Miranda Rights on television a few thousand times at this point. Even if you are charged with a crime and no longer able to leave the police station on your own, you have rights.

You are entitled to:

• Remain silent. It’s true what they say. Anything you say may be used against you in the court of law. If you are taken in for questioning, the police will often be probing for incriminating information. Even a poorly worded response may be pounced on by a hungry prosecutor.
• A criminal defense attorney. It’s never a good idea to tell the police anything regarding a crime you are suspected of committing without a lawyer present. If you think that you are facing criminal charges, invoke your right to an attorney right away.
• You have the right to end questioning at any time. If you aren’t willing to cooperate with questioning, they can’t simply keep you in the interrogation room until you do.

There is only one piece of information that you legally must provide the police when you have been brought in under the suspicion that you committed a crime. Your name. The police will usually want to verify your identity through a state-issued ID, and you may be punished for attempting to interfere with that. Otherwise, you have no obligation to say anything at all when you are brought in for questioning.

Get the Help of An Experienced Criminal Defense Attorney

If the police want to question you, a good lawyer can help protect your rights and ensure that you don’t incriminate yourself. At the Benjamin Durham Law Firm, we have significant experience helping people just like you prepare the best possible criminal defense.

Serving Las Vegas and Salt Lake City, we have helped many people all across the state defend themselves against federal and state criminal charges. If the police ask you to come in for voluntary questioning, it may be a sign that you need a criminal defense lawyer.

Contact us today for a consultation. We will review the details of your case and make recommendations that will help you successfully navigate the situation.