When you are stopped by the police, you have some basic rights. Some of them they read to you with the Miranda rights, sometimes they don’t read the Miranda rights.
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Now these rights you have whether you are stopped for a reason or whether you’re stopped for no reason. You do not have to consent to a search. You tell the police if they ask to search you, I do not consent to a search.” Sometimes they won’t ask, they will just start searching you. That’s when you say, I do not consent to a search.”
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If you don’t say anything, then legally you’re giving them your consent, so you have to verbally say those words. You have the right to remain silent. Anything you say will be used against you and that’s why you should not talk to the police about anything without a lawyer present. So when the police ask you questions, you say, “I will not talk. I want my lawyer.”
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And you wait for your lawyer to get there.
You want to know if you’re being arrested. You ask. “Am I Free to go?”
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Because the police can lie to you and say. “No. I’m not detaining you. NO, you’re not being arrested,” but yet they’re not letting you go. So the straightforward way to find out if you’re being detained or arrested is ask, “Am I free to go?” If they say yes, then you calmly walk away. If they say no, then understand you are being detained and you remain calm and continue to invoke your rights
Source: Aj+