When Can You Walk Away from a Police Stop or Interview?

 Posted on May 06, 2025 in Criminal Law

About 53.8 million U.S. residents over the age of 16 had some type of contact with police in 2020. This number was down from prior years, likely due to the pandemic. Whether you are being questioned as a suspect in a felony or misdemeanor offense or as someone with information about a crime, it can be anxiety-inducing to face police questioning.

People are often so intimidated by being questioned by the police that everything they know about "the right to remain silent" simply goes out the window. While most of us know that once we have actually been arrested, we should ask for a lawyer and stop answering police questions, what about when a police officer stops you on the street and begins asking questions? What if you are asked to come into the police station and answer questions, and you do so voluntarily?

Can you simply walk away in these situations if the questions are making you uncomfortable? Could doing so actually result in your arrest? If you have been in a situation like this and wonder what your legal rights are when being questioned by police, it can be beneficial to speak to an experienced Rolling Meadows, IL criminal defense lawyer.

Your Actions May Depend on Whether the Police Think You Committed a Crime or Witnessed a Crime

While there is little reason to avoid talking to the police if you are a witness to a crime, it is often difficult to know why the police want to talk to you. Police are allowed to lie – and often do. Because you may be unsure of why the police want to talk to you, it is better to say as little as possible until you are sure. Suppose a police officer stops you on the street as you and your family are walking around the local farmer’s market and begins questioning you about the theft of a woman’s purse.

There may be little reason to avoid answering the questions, unless you actually took the purse. But what if the officer’s first question is, "I’d like to look in your bag; is that okay?" This indicates that the officer thinks you may be involved in the theft of the purse. At this point, you are not under arrest, and you should politely refuse to let the officer look inside your bag. The most important phrase to remember in these situations is, "Am I being detained?" (Or, "Am I free to go?")

Speaking to someone and detaining them as a part of an investigation are very different, and these differences can significantly affect your rights. An officer can detain you, even when they do not suspect that you committed a crime. You can theoretically be detained for as long as necessary for the police to complete their investigation.

If the officer says you are not being detained, politely tell him or her you are leaving and will not answer any more questions. The same holds true if the police ask you to come to the station and answer questions. Unless you are 100 percent sure that you are not a suspect, ask if you are being detained. If the answer is "no," take the opportunity to leave. Remember the following:

• No matter how friendly they seem, police officers are not your friends.
• The best way you can reveal the truth about an incident is through your attorney.
• Refusing to speak to law enforcement is not a crime.
• The less information you give a police officer, the better for you.
• If you are not being detained, walk away.  

Contact an Arlington Heights, IL Criminal Defense Lawyer

If you have been asked to come into the police station and answer questions, always consult a Rolling Meadows, IL criminal defense lawyer from Scott F. Anderson, Attorney at Law, regardless of your guilt or innocence. Attorney Anderson has more than 25 years of experience practicing criminal law, both as a prosecutor and now as a criminal defense attorney, allowing him to know exactly what people face after being arrested for a crime. Call 847-253-3400 to schedule your free consultation.