There are a few things you should never say to a police officer. Interacting with a police officer can be a stressful experience, whether it’s during a routine traffic stop, an investigation, or an unexpected encounter.
What you say in these moments can have a significant impact on the outcome—potentially escalating the situation or even affecting your legal rights. Here are some key phrases and statements you should never say to a police officer. Staying calm, respectful, and mindful of your words is always the best approach. Here’s what to avoid:
If you were arrested and you said too much, or said the wrong things to the police, contact us today and we’ll talk you through your options.
1. “I don’t have to tell you anything.”
While it’s true that you have the right to remain silent under the Fifth Amendment, announcing this in a confrontational way can come off as hostile and may escalate tensions. Instead, calmly exercise your rights by saying something like, “I’d prefer not to answer that question,” or “I’d like to speak with my attorney.” Keeping it polite and neutral avoids unnecessary friction.
2. “Do you know who I am?”
This phrase rarely works the way people hope. It can sound arrogant or threatening (because it is!), implying you expect special treatment. Officers are trained to treat everyone equally under the law, and dropping this line might make them less inclined to be lenient. Humility goes a lot further than name-dropping or flexing influence.
Here are a handful of YouTube videos about situations where powerful people have tried this, and failed. Our advice? Just don’t.
3. “I only had two drinks.”
If an officer suspects you’ve been drinking, admitting to any alcohol consumption can give them probable cause to dig deeper—think breathalyzer or field sobriety tests. Even if you think “two drinks” sounds harmless, it’s an admission that could complicate your defense later. Politely decline to answer questions about drinking and ask if you’re free to go or if you’re being detained.
Also, keep in mind that even those who are obviously plastered will tell the police they only had a few drinks. They police aren’t likely to believe you, even if you are telling the truth. We did another post about this specific topic if you want to check it out. How To Answer “Have You Been Drinking Tonight?”
4. “Go ahead and search me—I’ve got nothing to hide.”
Consent to a search waives your Fourth Amendment protection against unreasonable searches and seizures. Even if you’re confident you’re clean, an officer might find something misinterpreted as suspicious (a pocketknife, prescription meds, etc.). Instead, say, “I don’t consent to a search,” and let them determine if they have legal grounds to proceed without your permission.
5. “This is harassment!”
Accusing an officer of harassment mid-interaction rarely de-escalates the situation. And by “rarely”, we mean almost never. It can put them on the defensive, making them less likely to let you off with a warning. If you genuinely believe you’re being mistreated, document the details—badge number, time, location—and address it later through proper channels, like a complaint or a lawyer.
On a related note, pulling out your phone and recording the interaction on video might seem like a good idea at the time, but it will have the same effect as screaming at the officer about harassment. How would you respond to something like that if you were in their shoes?
6. “You can’t arrest me!”
Challenging an officer’s authority in the moment won’t stop an arrest if they’ve already decided to take you in. Because guess what, they CAN arrest you or detain you even if you don’t think they can. Police have powers to de-escalate situations which include taking unruly people (you) to a jail cell for an extended stay, even if you aren’t ultimately charged with a crime.
It might even add a charge like resisting arrest if you get physical or too argumentative. If you think the arrest is unjustified, stay calm, comply and fight it in court with legal representation.
We can help if you were the victim of a wrongful arrest or you were falsely accused of a crime. Contact us today.
7. “I’ll have your badge for this!”
Threatening an officer’s job sounds personal and aggressive, which could make them double down rather than back off. It’s also a hollow threat unless you’ve got airtight evidence of misconduct—and even then, it’s better handled through legal action, not roadside bravado. Keep your cool and let the system work it out.
Again, even if you are in the right, declaring that you are going to attack someone’s livelihood is not wise in the moment. When in doubt, keep your mouth shut.
8. “Why don’t you go catch some real criminals?”
This snarky comeback implies the officer’s focus on you is petty, which won’t win you any favors. It’s dismissive and could turn a minor stop into a bigger ordeal. Officers hear this all the time, and it’s more likely to annoy them than make them reconsider their priorities.
9. “I’m not driving, I’m traveling.”
This line, popular among certain fringe groups, is based on a misunderstanding of legal terms and won’t get you out of a traffic stop. Courts have consistently ruled that driving is a regulated activity requiring a license, not a free-for-all “right to travel.” Saying this just signals you’re looking for a fight, and it won’t end well.
Believe it or not, a not insignificant number of people have tried this. They remind us of the people who don’t pay their federal income taxes because they claim those taxes are unconstitutional. You can imagine how well that works out for them.
10. “Take me to jail—I don’t care!”
Bluffing like this might backfire spectacularly. If an officer was considering letting you go with a warning, challenging them to arrest you could tip the scales the wrong way. Plus, an arrest means time, money, and a record—consequences you’ll likely regret later.
You gain nothing by saying this. Don’t make it easy for a police officer to escalate the situation with a dumb invitation like this. They might take you up on it out of spite, if nothing else.
How does all of this work in practice?
Encounters with police are high-stakes moments where emotions can run hot. The golden rule? Stay polite, keep your answers short, and don’t volunteer more than necessary. You’re not obligated to chat or confess, but antagonizing the officer rarely ends in your favor. If things go south, your best defense is silence—and a good lawyer.
If you find yourself in hot water with the police, get in touch with our team of experienced Minnesota criminal defense lawyers today.