Do I have to answer police questions California?

Q: Do I have to answer questions asked by law enforcement officers? A: No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail.

Do you have to identify yourself to the police in California?

California law does not require you to identify yourself Instead, they come down to state law. For instance, states like Nevada and Florida have made it so that people who are stopped with reasonable suspicion do have to provide ID when asked to do so by the police.

How long can police hold you for questioning California?

48 hours
The law in the state of California is clear. You are only allowed to be held without charges for a total of 48 hours or less.. Our office does not practice criminal defense, but we can refer you to a criminal defense attorney.

Can police ask your name?

5. You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.

How long can police hold you?

The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder. You can be held without charge for up to 14 days If you’re arrested under the Terrorism Act.

Can a suspect be arrested for refusing to answer questions?

In upholding the conviction, the Supreme Court emphasized the Nevada law. According to the Court, “the Fourth Amendment itself cannot require a suspect to answer questions. This case concerns a different issue, however. Here, the source of the legal obligation arises from Nevada state law, not the Fourth Amendment.”

Can you be arrested in California for refusing to provide identification?

CPOLS, section 2.14a (citations omitted) (emphasis in original). We add, moreover, that even if Hiibel’s holding applied in California, and it clearly does not, it provides no support for the PPL’s conclusion that when you are detained by a police officer, you must provide identification.

Can a juvenile be questioned by the police in California?

In California, the police may generally question minors without their parents’ consent. But, as noted above, a juvenile interrogation must be voluntary. If a child asks to have a parent present and the request is denied, a judge may decide the child’s participation was not voluntary.

When do you know if it was arrest or detention?

In general, if a reasonable person in the suspect’s shoes wouldn’t feel free to leave an encounter with the police, then there’s been either a detention or an arrest. Determining which can be tough—and sometimes crucial. Suppose, for instance, that an officer has reasonable suspicion to detain someone, but not probable cause to arrest them.

Who can search for arrest records and warrants in ca?

Most sheriff’s offices have records department that keep track of warrants, police reports, inmate information, and other law enforcement records. Who Can Search For Arrest Records and Warrants in CA?

Can a person be arrested for refusing to answer questions?

Say “I want to remain silent.” You cannot be arrested or detained for refusing to answer questions. But it can look suspicious to the police if you answer questions and then suddenly stop. Make it your practice to always remain silent.

How long do arrest records stay on file in California?

Arrest records stay on file forever in CA, unless they are expunged or sealed and destroyed. You must contact a lawyer to begin either of these processes. Warrants stay on file until the individual is arrested or dies.