It’s easy to think that when the police pull you over, you must comply with anything they say. But the truth is you’re probably not under arrest. Instead, you’re in a legal gray area called a “Terry Stop” during which police temporarily detain you and gather evidence to investigate a specific crime. There are many things police may ask you to do, which the can’t actually make you do. Knowing your rights is critical because you don’t want to volunteer evidence if they don’t already have enough to arrest you.

Summary: Politely say: “I’m exercising my right to remain silent.” Don’t answer questions or consent to searches. Calmly ask, “Am I free to go?” And if it’s a yes—leave. Always ask, “Is that an order?” before following any request.

1. You don’t have to answer questions without a lawyer.

Many of your rights during a traffic stop are based on the Fifth Amendment to the U.S. Constitution. It protects you against “self-incrimination” by affirming your right to remain silent. The ACLU explains, “You have the right to remain silent. If you wish to exercise that right, say so out loud.” Ever seen a movie in which someone tells police, “I plead the Fifth!”? This is what they’re saying. You can also just tell police that you won’t be answering any questions until you’ve had a chance to speak with your lawyer.

It pays to be polite, even pleasant. But with a big smile on your face, you can say, “On the advice of my lawyer, I’m not answering any questions or consenting to any searches today.”

2. You don’t have to say where you’re going, where you’re coming from, or where you live.

One of the first things police may ask during a traffic stop is, “Where are you coming from? Where are you going?” They may also ask where you live. This may sound like friendly small talk. But it isn’t. The police officer is doing their job, trying to collect evidence that you’ve committed whatever crime they’re investigating. If you say you’re coming from a bar, you’ve just given them another piece of evidence to arrest you on suspicion of drunk driving. If you admit you’re hurrying home, you’ve given them additional evidence you were speeding. The kicker is, you didn’t need to say anything at all.

The ACLU puts it succinctly: “You don’t have to answer questions about where you’re going, where you’re coming from, what you’re doing, or where you live.”

3. You don’t have to answer questions about your citizenship, birthplace, or immigration status.

During a traffic stop, police can ask for your driver’s license, vehicle registration, and proof of insurance (in places where insurance is required). In fact, they can create a checkpoint and stop every car just to see these papers. But once you’ve provided these documents, you don’t need to say anything else. Once you’ve identified yourself with your driver’s license, you don’t need to elaborate.

You may think you need to provide proof you’re a U.S. citizen during a traffic stop. But you don’t. If you were born elsewhere, you don’t have to say how you got here or what type of citizenship status you have. The ACLU explains, “You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials.” The only exception is when this information is relevant to the crime the officers are investigating—and they’ll say so. Obviously, a border patrol checkpoint or border crossing will have very different rules than a regular traffic stop.

4. You don’t have to answer questions about your criminal record or prior arrests.

This is another piece of information police love to fish for—and people love to volunteer. But again, it’s not a question you must answer during a Terry Stop. In fact, the Department of Justice calls it out specifically: “You do not have to discuss your prior record unless you are under arrest and have waived your right to silence.”

There’s no special police loophole for this line of questioning. Just politely repeat that you won’t be answering questions.

5. You don’t have to identify your passengers.

Police officers often ask the identity of your passengers. Again, it may sound like innocent small talk. But again, you don’t have to answer. The only exception, as established in Hiibel v. Sixth Judicial District Court of Nevada (2004), is that police may require a passenger’s ID if they have reasonable suspicion the passenger committed the crime they’re investigating. So if your car matches the getaway car from a bank robbery, your passengers are suspects. If you might have been speeding, they are not.

The ACLU adds, “Passengers have the same rights as the driver to remain silent and to not consent to a search.” So if an officer asks for your passenger’s name or ID, you can politely repeat that you won’t be answering any questions.

6. Police can’t detain your passengers without cause.

Your passenger(s) shouldn’t assume they’re being detained. The ACLU explains, “If you’re stopped in a car, passengers do not have to answer questions. Officers may not detain passengers unless they have reasonable suspicion or probable cause that the passenger is involved in criminal activity.”

Your passenger(s) can ask, “Am I free to go?” If the officer says yes, your passenger can quietly leave and meet up with you later.

7. You don’t have to get out of your vehicle unless ordered to do so.

Police officers have the legal right to order the driver, passengers, or bystanders around to keep the scene safe. For example, if you’re parked in an unsafe place, police may order you out of your vehicle. Or if it’s not safe to hop out, they can tell you to stay in your vehicle.

That said, it’s important to distinguish between a request and an order. The guide on the “Flex Your Rights” website explains, “An officer may order you to step out of the car—but not ask and expect compliance. Only a clear command makes it mandatory.” So if an officer says something like, “Could you step out of the car for me?” or even “Mind rolling down your windows?” you can ask, “Officer, is that a request or an order?”

8. You don’t have to consent to a search of your car, bags, or belongings.

The ACLU puts it bluntly: “You never have to consent to a search. If you do explicitly consent, it can affect your rights later in court.” The kicker is that the police may search anyway, but you still don’t want to give away blanket permission.

If a police officer pulls you over on suspicion of smoking marijuana while driving, they can search your car—but only for marijuana. If they ask, “Mind if I look around in your vehicle to make sure everything’s legal?” and you say “yes,” you’ve given them blanket consent to search as long as they want and to take you to court over anything they find. Even if they tell you they’ll search anyway, don’t volunteer consent. Simply say, “I don’t consent to any searches or tests.”

Note: Police can pat down your clothing if they have reason to suspect you’re carrying a weapon—no consent or warrant needed.

9. You don’t have to unlock or hand over your cellphone.

The Supreme Court ruled that phones are not just another container—they’re a gateway to your entire digital life. That means the government generally needs a warrant to search them. Even if you’re under arrest, they can’t scroll through your messages, photos, or apps without a judge’s approval.

This is important because an officer could say, “I thought you were texting and driving, mind giving me a look at your phone?” And again, a “sure thing” is blanket consent to search the entire device for evidence of any crime.

You do not have to provide your passcode, your fingerprint, or face unlock. You can say: “I do not consent to a search of my phone.” If they seize your phone, they’ll need to go through the proper channels to access it later.

10. You don’t have to agree to a roadside sobriety or breathalyzer test (but refusal may have consequences).

Field sobriety tests—like walking a straight line or touching your nose—are voluntary. You can always say “no.” So are most handheld breath tests, unless your state specifically requires them. You have the right to refuse, but be warned: most states have “implied consent” laws. That means if you refuse the official chemical test (usually at the police station), you may face consequences like license suspension or fines.

A smart approach is to say, “I don’t consent to any roadside tests. I’d like to speak with a lawyer.” You’re not refusing to cooperate—you’re asserting your rights. This forces the police to arrest you with the evidence they already have–if they have it–before ordering you to take additional tests.

11. You don’t have to stop filming the interaction (as long as you’re not interfering).

Filming police officers is your First Amendment right. You have the legal right to record public officials, including law enforcement, as long as you’re in a public space and not physically interfering with their duties.

You don’t need permission. You don’t have to put your phone away just because they ask. And you certainly don’t have to stop recording if you’re standing back and keeping your cool. If an officer tells you to stop filming, calmly say, “I’m asserting my First Amendment right to record in public. I’m not interfering with your duties.”

During a traffic stop, it’s polite to tell police they’re being filmed. If you can stand your phone up in your cupholder, it’s a great way to leave your hands free to reach for documents.

12. Police need a warrant to search or view your recordings.

Your digital files are protected by the Fourth Amendment. If police want to view them, they need a warrant signed by a judge. That includes footage of your interaction with them. They cannot legally delete your photos or videos. Again, if they ask to see the recording you can calmly say “I don’t consent to any searches.”

13. You don’t have to stay after the officer returns your documents and says you’re free to go.

Once an officer finishes checking your ID and registration and says something like, “You’re good to go,” you are no longer being detained. That means you can leave. You don’t have to answer follow-up questions. You don’t have to make small talk. And you don’t have to stick around just to be polite.

The “Kansas two-step” is a tactic in which a police officer will initiate smalltalk after you’re technically free to go. Their goal is to collect more verbal evidence, or delay you until a K-9 unit arrives, just to open a second investigation and detain you longer.

If you’re unsure, ask: “Am I free to go?” If the officer says “yes,” leave. If they say “no,” then you are still being detained and should reassert your right to remain silent and ask for a lawyer.