What to Say (and Not Say) to Police: Tips From a Montana Criminal Defense Attorney
Stay Calm and Polite
The very first thing officers notice is your demeanor. Ifyou are respectful and calm, the situation is less likely to escalate. On theother hand, being rude, sarcastic, or argumentative can make things worse andmay even lead to charges like disorderly conduct or obstruction. Even if youfeel the stop is unfair, save your defense for court, not the roadside.
Answer Only What Is Required
In Montana, you are required to provide certain information— such as your name, driver’s license, and proof of registration or insurance.Beyond that, you are not required to answer every question. If an officercontinues to press, you can calmly say:
- “I am choosing to remain silent.”
- “I would like to speak to my attorney before answering any more questions.”
Exercising your right to remain silent does not make youlook guilty. It simply protects you from saying something that could be twistedinto evidence against you.
Don’t Overshare
One of the most common mistakes people make is oversharing.Many believe explaining themselves will make officers more understanding, butthe opposite is usually true. For example, telling an officer, “I only had acouple of drinks,” may feel honest, but it’s essentially an admission ofalcohol consumption — which can be used against you in a DUI investigation.
The less you say, the more protected you are.
Never Lie
While you don’t have to answer every question, you shouldnever lie. False statements to police can lead to separate criminal charges anddamage your credibility in court. If you don’t want to answer, politely declineinstead of inventing a story. Silence cannot be used against you in the sameway dishonesty can.
Keep Your Hands Visible
Communication with police isn’t just about words — it’s alsoabout body language. Keep your hands where officers can see them at all times,especially during a traffic stop. If you need to reach for your wallet,registration, or insurance, move slowly and explain what you are doing beforeyou do it. This prevents misunderstandings that could escalate the encounter.
Stay in Control of Your Emotions
Police encounters can stir up fear, anger, or embarrassment.But letting your emotions take control often makes the situation worse. Losingyour temper, yelling, or crying can be interpreted as combative behavior.Taking a slow breath, keeping your voice steady, and focusing on remaining calmwill help protect you.
Assume Everything Is Being Recorded
In Montana and across the country, most officers now usebody cameras or dashcams, and bystanders frequently record on cell phones. Youshould always assume that everything you say and do is being recorded — becauseit likely is. That recording can later be played in court, so conduct yourselfas if a judge or jury will see it.
Additional Information
Many Montanans carry weapons with them. If you have a gun, aknife, or even pepper spray, vocalizing that you have a weapon as soon aspossible is essential. If you are stopped by an officer, keep your hands visible,and communicate to the officer that you do have a weapon, and verbally saywhere the weapon is located. This is meant to keep the officer safe, but you aswell.
Final Thoughts: Protecting Your Rights in Montana
If you find yourself in an encounter with law enforcement,remember these six rules:
- Stay calm and polite.
- Answer only what is legally required.
- Don’t overshare.
- Never lie.
- Keep your hands visible.
- Control your emotions — and remember you’re likely being recorded.
At Ryan, Miller & Coburn, our criminal defenseattorneys in Missoula and across Montana help clients every day who wish theyhad said less during those first crucial moments with police. If you or someoneyou know is facing charges after a police encounter, don’t navigate the processalone. Call our office today for a confidential consultation. Protecting yourrights starts with protecting your words.
