Interactive Arrest Scenarios
Step-by-step guidance for real police encounters with decision flowcharts
Scenario 1: Traffic Stop
Pull over safely
Turn on your hazard lights, pull over to a safe location, turn off your engine, roll down your window, and place your hands on the steering wheel where the officer can see them.
Why: This shows you are not a threat and reduces officer anxiety, which can prevent escalation.
Officer approaches and asks: "Do you know why I pulled you over?"
Correct Response
"No, officer."
Do not admit to anything. Do not guess. Do not explain.
Wrong Response
"I was speeding" or "I ran that stop sign"
This is an admission that can be used against you in court.
Officer asks: "License, registration, and insurance, please."
Correct Response
Provide documents immediately without argument.
Legal Requirement: All states require you to provide identification during traffic stops. Refusal can result in arrest.
Sovereign Citizen Myth
"I'm traveling, not driving. I don't need a license."
Reality: This argument has 0% success rate. You will be arrested for driving without a license and your vehicle will be impounded.
Officer asks: "Can I search your vehicle?"
Correct Response
"I do not consent to searches."
Say this clearly and calmly. Do not physically resist if they search anyway—challenge it in court later.
Important:
If the officer has probable cause (e.g., smells marijuana, sees contraband in plain view), they can search without your consent. Still say "I do not consent" to preserve your rights for later legal challenge.
Officer says: "Step out of the vehicle."
Correct Response
Comply immediately. Step out slowly with hands visible.
Legal Authority: Pennsylvania v. Mimms, 434 U.S. 106 (1977) allows officers to order you out of the vehicle during traffic stops for officer safety.
Officer asks: "Where are you coming from? Where are you going?"
Correct Response
"I prefer not to answer questions. Am I free to leave?"
You are not required to answer investigative questions beyond providing ID. Politely decline to answer.
Note:
If the officer has completed the purpose of the stop (issued citation or warning), they must let you leave. Prolonging the stop to ask unrelated questions requires reasonable suspicion of additional criminal activity.
Scenario 2: Police at Your Door
🚪 Police knock on your door
First question to ask (through the door, without opening):
"Do you have a warrant?"
✅ They say: "Yes, we have a warrant"
Your response:
"Please slide the warrant under the door so I can verify it."
Verify the warrant:
- • Check if it's signed by a judge
- • Check if the address matches your home
- • Check if your name is correct
- • Check what they're authorized to search for
If warrant is valid:
"I do not consent to this search, but I will not physically resist. I want to speak to an attorney."
Why say this: Even with a warrant, clearly state you do not consent. This preserves your ability to challenge the warrant's validity later.
❌ They say: "No, but we need to talk to you"
Your response:
"I do not consent to any searches. I am exercising my right to remain silent. You can leave a business card and I will contact you through my attorney."
Key Points:
- • Do NOT open the door
- • Do NOT let them inside
- • Do NOT answer questions
- • You have NO legal obligation to speak to them without a warrant
Exception - Exigent Circumstances:
Police can enter without a warrant if there's an emergency (someone screaming for help, shots fired, etc.). This is rare and must be a genuine emergency.
⚠️ What if they try to enter without a warrant?
Do NOT physically resist. Say clearly: "I do not consent to your entry. I am not resisting, but I do not give permission for you to enter."
If they enter anyway, remain calm and silent. Do not answer questions. Request an attorney immediately. Their illegal entry can be challenged in court later, potentially leading to suppression of all evidence.
Scenario 3: Arrest and Interrogation
Phase 1: The Arrest
Officer says: "You're under arrest."
What to do:
- ✓ Comply with physical commands (hands behind back, etc.)
- ✓ Do NOT resist physically
- ✓ Do NOT run
- ✓ Do NOT argue or explain
- ✓ Say: "I am invoking my Fifth Amendment right to remain silent. I want to speak to an attorney."
What NOT to do:
- ✗ Do NOT say "I didn't do anything!"
- ✗ Do NOT try to explain your side
- ✗ Do NOT answer questions like "Where were you tonight?"
- ✗ Do NOT use sovereign citizen phrases
Phase 2: Miranda Warnings
Officer reads Miranda rights and asks: "Do you understand these rights?"
Correct response:
"Yes, I understand. I am invoking my Fifth Amendment right to remain silent, and I want to speak to an attorney before answering any questions."
Critical:
You must explicitly invoke your rights. Simply staying silent is not enough after Berghuis v. Thompkins (2010). Police can continue questioning if you don't clearly invoke.
Phase 3: Common Interrogation Tactics
Tactic: "Your friend already told us everything. You're going down either way."
Why they do this:
Police can legally lie to you during interrogations. This is designed to make you think there's no point in staying silent.
Your response:
(Say nothing, or repeat) "I am invoking my right to remain silent. I want my attorney."
Tactic: "This will go easier for you if you cooperate."
Why they do this:
Police cannot make binding promises about charges or sentencing. Only prosecutors and judges have that authority.
Your response:
"I will not answer questions without my attorney present."
Tactic: "Just tell us your side of the story. We want to hear your version."
Why they do this:
Anything you say can be used against you, but NOT for you. Your statements are "hearsay" if they help you, but "admissions" if they hurt you.
Your response:
(Silence, or) "I am exercising my right to remain silent."
Tactic: "If you don't talk to us, we'll assume you're guilty."
Why they do this:
This is a bluff. Invoking your rights cannot be used as evidence of guilt in court (Griffin v. California).
Your response:
"I am invoking my constitutional rights. I want to speak to an attorney."
Phase 4: After You Invoke Your Rights
Once you clearly invoke your right to remain silent and request an attorney, police must stop questioning you immediately (Edwards v. Arizona, 451 U.S. 477 (1981)).
What happens next:
- • You will be taken to booking (fingerprints, photos, etc.)
- • You will be allowed to make a phone call
- • You will appear before a judge for arraignment (usually within 24-48 hours)
- • A public defender will be appointed if you cannot afford an attorney
Warning:
If police continue questioning after you've invoked your rights, any statements you make may be suppressed (excluded from trial). However, it's still better to remain completely silent rather than rely on this protection.
Recording Police Interactions
The First Amendment protects your right to record police officers performing their duties in public. However, state laws vary on whether you must inform officers you are recording.
✅ You CAN:
- • Record police in public places
- • Record your own traffic stop
- • Record from a safe distance
- • Use your phone to record
❌ You CANNOT:
- • Interfere with police duties
- • Refuse lawful commands while recording
- • Record in private places without consent
- • Physically obstruct officers
State-by-State Variations:
Some states require "two-party consent" for audio recordings (both parties must know they're being recorded). However, courts have generally held that police have no expectation of privacy while performing public duties.
Safest approach: Inform the officer you are recording. Say: "Officer, I am recording this interaction for my safety and yours."