What you are required to do
- Driving: show your driver's license, vehicle registration, and proof of insurance when an officer asks. Refusing is itself an offense.
- Comply with lawful orders about where to stand or keep your hands, even if you believe the stop is wrong.
- Do not physically resist, and do not run. Resisting or delaying an officer is chargeable under Penal Code §148 independent of the original reason for the stop.
What you can decline
- Consent to a search. Say it plainly: 'I do not consent to a search.' An officer may still have independent authority, but consent you did not give cannot be used to justify one.
- Answering questions beyond identifying yourself in a driving context. 'I am going to remain silent and I would like a lawyer' is a complete answer.
- Field sobriety tests, if you are over 21 and not on DUI probation — see what to expect during a field sobriety test. Chemical testing after a lawful DUI arrest is a different matter, with license consequences for refusal.
- Letting officers into your home without a warrant. Ask them to hold it up to a window or slide it under the door.
The four sentences worth memorizing
- "Am I free to go?"
- "I do not consent to a search."
- "I am going to remain silent."
- "I want a lawyer."
If you are arrested anyway
Miranda warnings are required before custodial interrogation, not at the moment of arrest — see what do Miranda rights mean. California law entitles an arrestee to make at least three completed telephone calls, at no charge if local, as soon as practicable and within three hours of arrest. Use one on a lawyer and one on whoever will handle bail.
Then read how to handle yourself if arrested and what to do if someone you know has been arrested.
If you are already out on bail
A new contact with law enforcement while released on bond is a different risk profile. A new arrest can trigger a surrender, a bail increase, or a revocation. Notify your attorney and your bail agent the same day. See do's and don'ts while out on bail.