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Why speaking to police during questioning can hurt your case

Risky statement or action Why it creates danger Safer response
“I only had a couple drinks.” Sounds like a small admission, but it supports an OWI investigation “I am not answering questions without a lawyer.”
“I think I got there around 10.” A guess can lock you into a timeline “I am invoking my right to remain silent.”
“You can search, I have nothing to hide.” You may waive search protections “I do not consent to any searches.”
“I was angry, but I never meant to hit anyone.” Combines motive with a harmful factual detail that can lead to self-incrimination “I want a lawyer before any questioning.”
“I already told the other officer something different.” Hands police a contradiction Stop talking and ask for counsel

Statements you should never make during police questioning

  • Partial admissions: “I only took a little,” “I barely touched him,” “I had two beers”
  • Guesses: “I think,” “maybe,” “probably,” “I’m not sure but…”
  • Extra details: volunteering names, places, times, texts, travel plans, or arguments
  • Consent to search: “Sure, go ahead,” “I don’t mind,” “Check whatever you want”
  • threats, insults, or sarcasm
  • lies

Why “I’m innocent, so I should explain” is a risky mindset

What not to say during traffic stops, OWI stops, and other common police encounters

What to say instead when police question you in Michigan

  • Right to silence: “I am invoking my right to remain silent.”
  • Request for counsel: “I want a lawyer before answering any questions.”
  • Search refusal: “I do not consent to any searches.”
  • Custody question: “Am I free to leave?”
  • name and identifying information, if required

Common mistakes people make after invoking the right to remain silent

A short script you can use if police want to question you

  1. Stay calm and keep your hands visible.
  2. Give identifying information if the law requires it.
  3. Ask, “Am I free to leave?”
  4. If the answer is no, say, “I am invoking my right to remain silent.”
  5. Say, “I want a lawyer before answering any questions.”
  6. If asked to search, say, “I do not consent to any searches.”
  7. Stop talking.