Disclaimer: I Am Not A Laywer It's also good to familiarize yourself with the distinctions between detention and arrest. In the United States, "detention" is

Disclaimer: I Am Not A Laywer It's also good to familiarize yourself with the distinctions between detention and arrest. In the United States, "detention" is whenever police temporarily restrict someone's rights based on an "articulable" suspicion that a crime has occurred. Police can detain anyone at any time if they have an articulable suspicion, but only for a short period of time, and they cannot search the belongings or vehicles of people in detention without consent (many cops will try to obtain consent by saying things like "let me see what's in your bag," but you are well within your rights to verbally deny consent). A good way to establish if you're being detained is to ask the officer if you're free to go. If not, you should then ask why you're being detained, and memorize the response. This is the "articulable suspicion" that the officer is supposed to have before detaining you. "Arrest" occurs when "any reasonable person" would feel that they are not free to leave. The distinction between detainment and arrest is subtle, but if you're being handcuffed or put into a police vehicle, your belongings or vehicle are being searched after you have denied consent, or you are detained for an extended period of time, then you're under arrest. Crucially, police are not required to make any formal declaration of your arrest, nor are they required to read you your Miranda rights (though they are required to read them if they wish to question you). If you feel that you're under arrest, your best course of action is to state that you refuse to speak and wish to see an attorney. You can repeat this as often as is necessary. They're not allowed to question you after you say this, but only if don't say anything else. If you do, then you've waived your right to silence. The only exception is that you are allowed to give your name and address in order to be released with a promise to appear in court. If you do give that information, immediately follow it by repeating that you will remain silent until an attorney is present. Again, I Am Not A Lawyer, although all of this information does come from lawyers who give talks about civil liberties. None of these talks are online, but most of the above is explained in more detail on an actual lawyer's website[1]. [1]: http://www.williamweinberg.com/lawyer-attorney-1127658.html http://www.williamweinberg.com/lawyer-attorney-1127658.html